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Federal Judge Blocks Plan to Let Title 42 Expire

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A federal judge in Louisiana has blocked the Biden administration’s plan to allow Title 42 to expire. The policy, enacted during the Trump administration, allowed for the quick expulsion of potential migrants at the U.S.-Mexico border to protect the country from the COVID-19 pandemic.

The Biden administration continued enforcing the policy, citing the same pandemic-related reasons. However, on April 1, the Centers for Disease Control and Prevention (CDC) announced that the U.S. no longer needed Title 42 in the current health climate and would be allowed to expire on May 23.


The Biden administration’s plan to allow the end of Title 42 received bipartisan criticism. The objections were based on the belief that a sharp increase in unlawful migrants attempting to cross the border would occur upon the policy’s expiration.

Twenty-one Republican-led states subsequently filed a lawsuit in the U.S. District Court for the Western District of Louisiana, seeking a temporary injunction to keep the order in place. Judge Robert Summerhays, a Trump appointee, granted the request.

“For the reasons stated on the record, the Court announced its intent to grant the motion,” Judge Summerhays wrote. “The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

Homeland Security Secretary Alejandro Mayorkas and U.S. Customs and Border Protection Commissioner Chris Magnus are among the various federal officials named defendants in the suit.

“We applaud the Court for approving our request for a Temporary Restraining Order to keep Title 42 in place,” said Arizona Attorney General Mark Brnovich. “The Biden administration cannot continue in flagrant disregard for existing laws and required administrative procedures.”

Though Texas was not a party in this lawsuit, it has filed a separate lawsuit seeking to block the end of Title 42 in a federal court in Texas. There has yet to be a ruling in that case.

Several Texas state representatives filed briefs to keep Title 42 in place as part of the lawsuit initially filed by Arizona, Louisiana, and Missouri.

Reps. Joey Arrington (R-TX-19), Brain Babin (R-TX-36), Michael Burgess (R-TX-26), Michael Cloud (R-TX-27), Louie Gohmert (R-TX-1), Lance Gooden (R-TX-5), Ronny Jackson (R-TX-13), August Pfluger (R-TX-11), Beth Van Duyne (R-TX-24), Randy Weber (R-TX-14), and Roger Williams (R-TX-25) all submitted briefs.

“This is a huge victory for border security, but the fight continues on,” Missouri Attorney General Eric Schmitt said on Monday.

The Biden administration has yet to make a public statement after the ruling. It is unclear whether the judge’s ruling will delay the plan to end the policy.

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