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Federal Judge Forces Biden Admin To Follow Trump-Era Border Policy For Even Longer

A federal judge granted an extension Wednesday of the temporary order forcing the Biden administration to continue implementing Title 42, the Trump-era public health order used to quickly expel certain migrants.

Louisiana Judge Robert R. Summerhays granted the extension of the temporary restraining order until either on or before May 23, which is when the Centers for Disease Control and Prevention (CDC) set Title 42’s expiration, depending on when a final decision in the lawsuit can be made. The latest decision is a victory for the plaintiff Republican attorneys general, who initially sued to stop Title 42 from ending, arguing that the Biden administration “flouted” the federal laws.

Republican Arizona Attorney General Mark Brnovich had sued the CDC on April 4 to stop it from ending Title 42 in anticipation of a massive migrant surge. Subsequently, Republican Attorneys General from over 20 states joined Brnovich in filing a motion on April 21 for a temporary restraining order in the lawsuit.

Brnovich and the other Republican attorneys general argued that the Biden administration is already rolling back Title 42, and processing some migrants previously sent back under the order.

“Defendants have started shifting to Title 8 removal in advance of the publicly announced May 23, 2022, date in the Title 42 Termination Order, which itself violated the Administrative Procedure Act and is the subject of this litigation,” the plaintiffs argued in their motion.

The plaintiffs then requested an extension on the order on Tuesday.

“The Biden Administration has utterly failed at securing our Southern border, and their continual termination of successful programs like the Migrant Protection Protocols and Title 42 are worsening the ongoing border crisis,” Missouri Attorney General Eric Schmitt previously told the Daily Caller News Foundation.

“If Title 42 is terminated, there will undoubtedly be a tsunami of illegal immigration that affects all states, including Missouri. Missouri, Arizona, and Louisiana have led the charge to keep Title 42 in place – if the Biden Administration won’t take proactive steps to secure the Southern border, we will,” Schmitt added.

The CDC declined to comment.

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