Federal Judge Temporarily Blocks Biden Administration From Removing COVID-era Immigration Rule - Texas Scorecard

As a politician-created humanitarian crisis continues on the U.S.-Mexico border, federal Judge Robert Summerhays announced a temporary restraining order against President Joe Biden’s administration.

On Monday, Judge Summerhays stopped Biden from discarding Title 42, a rule enacted by the Trump administration in March 2020 that authorizes federal officials to block immigrants and products at the border in an effort to limit the spread of communicable diseases.

The rule—separate from the highly publicized “Remain in Mexico” policy—has been used 1.7 million times to deport migrants, but the CDC recently announced it would scrap Title 42 on May 23.

Following the announcement, both Democrat and Republican politicians rebuked the move, and more than 20 states asked the court to immediately block the administration’s plans.

“[Biden’s] goal is simple: get as many illegals in this country as fast as possible without any concern for the potential criminal or terrorist background of those crossing the border,” said Texas Attorney General Ken Paxton. “This is allowing the cartels to maximize their profits and their effectiveness. Biden cannot make such sweeping decisions without going through the process required by federal law.”

Additionally, U.S. Department of Homeland Security officials say that once Title 42 is removed, they expect authorities to have up to 18,000 daily encounters with immigrants at the border. The current average is about 6,000 encounters a day, already a historic surge (topping 221,000 in March alone, the highest monthly total in 22 years).

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

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

In Congress, the House’s bipartisan Problem Solvers Caucus recently endorsed a bill that would prevent the Biden administration from removing Title 42 until 60 days after the CDC has formally ended the COVID-19 public health emergency declaration, a proposal that has also gained some Democrat support in the Senate.

“I warned the administration about this months and months ago, and they still don’t have an adequate plan,” Sen. Mark Kelly (D-Ariz) told Fox News earlier this month. “They say they are working on it. My guess is that we’ll get to May 23, there probably is not going to be an adequate plan in place and, if that’s the case, I don’t think we should lift Title 42.”

Meanwhile, Border Patrol agents apprehended a record-high number of illegal immigrants in 2021 and so far in 2022. Since the day Biden was sworn in, agents have released more illegal entrants (836,000-plus) than the populations of Seattle or Denver.