Federal Judge Blocks Biden Administration from Repealing Title 42

(CNN) — And federal judge in Louisiana barred until the Joe Biden administration ended a pandemic restriction from the Donald Trump administration, known as Title 42on the US-Mexico border, thwarting plans to take down the controversial public health authority.

Since taking office, President Joe Biden’s administration has continued to rely on Title 42, a public health measure invoked at the start of the coronavirus pandemic that allows border officials to turn away migrants at the US-American border. Mexico.

However, in early April, the US Centers for Disease Control and Prevention (CDC) announced plans to rescind the order. The CDC indicated at the time that it is no longer necessary given current public health conditions and the increased availability of vaccines and treatments against covid-19. The policy was scheduled to end on May 23.

But just days before Title 42 was due to end this month, Judge Robert Summerhays of Louisiana’s Western District Court found that the Biden administration failed to follow proper procedures to end the mandate, arguing that while the administration can invoke an action in emergency conditions, those may not apply with respect to their termination.

“Simply put, the CDC has failed to explain how the current circumstances prevented the CDC from issuing the termination order through the notice and comment process required under the APA,” Summerhays wrote, referring to the Administrative Procedure Act.

The public health provision, the judge concluded, is not exempt from the notice and comment process, which can potentially take months. The public health authority, which has been fiercely criticized by immigrant advocates, will remain in place for now.

They wait months at the Mexican border to legally cross into the United States 2:31

Lee Gelernt, an ACLU attorney leading the Title 42 lawsuits in Washington, called the ruling “wrong.”

“The ruling is incorrect, inconsistent with the CDC’s considered judgment, and should be immediately appealed by the administration. The lawsuit is the height of hypocrisy; the states that filed it only seem to want COVID restrictions when it comes to asylum seekers,” he said in a statement.

“Despite this court order, a parallel court order in Washington prohibits the use of Title 42 to remove families who would face persecution or torture,” Gelernt added.

CNN has reached out to the Justice Department for comment.

The ruling stems from a lawsuit filed by Arizona, Louisiana and Missouri in April against the Biden administration’s decision to end Title 42. More than a dozen states, mostly led by the Republican Party, later joined. on demand.

Last week, Summerhays listened to the arguments of the case in a hearing of more than two hours, focusing largely on his questions about damage to states and whether the administration followed proper procedures, noting that emergency conditions have changed, which could allow for outside involvement . Summerhays had temporarily prevented the administration from canceling the public health order before the end date.

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