A federal judge in Louisiana has issued a temporary restraining order barring US President Joe Biden’s administration from ending an emergency policy that allowed border agents to quickly expel asylum seekers to protect against the spread of Covid-19.
US District Court Judge Robert Summerhays made the ruling on Monday, granting a request by 21 Republican-led states to block the administration from moving forward with plans to stop implementing its so-called Title 42 authority on May 23. Summerhays still hasn’t made a final determination on the merits of the case, so it’s possible that he could allow the government to resume unwinding Title 42 after a hearing scheduled for May 13.
“This is a huge victory for border security, but the fight continues on,” Missouri Attorney General Eric Schmitt said of Monday’s ruling. Missouri, Louisiana, and Arizona were the first states to challenge the administration’s decision, while Texas filed a separate lawsuit to keep Title 42 in place.
The US Centers for Disease Control and Prevention (CDC) announced earlier this month that it would end Title 42 migrant expulsions, saying the emergency restrictions were no longer necessary under current public health conditions. However, days later, the same agency extended a mandate requiring Americans to wear masks on planes, trains, and other public transportation, saying it needed more time to assess the impact of rising Covid-19 infections. A federal judge last week struck down the mask mandate, saying the CDC had overstepped its legal authority.
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