Set to end in May, the Title 42 policy, which was put in effect during the Trump administration, allowed border agents to turn away illegal immigrants due a public health emergency. At the time, that emergency was the COVID-19 pandemic. Now that the Democrats control D.C. and Joe Biden in the White House, the Biden administration has moved to do away with the policy. It should be noted that while promoting the end of the policy, the Biden administration is still saying it is dedicated to fighting the coronavirus. While anticipating the end, it appears the Democrats might have to wait a little longer. 

According to Missouri Attorney General Eric Schmitt, on Monday, a federal judge issued a temporary restraining order that stopped Joe Biden from doing away with the policy. “In a lawsuit originally filed by Missouri, Louisiana, and Arizona, our Office just obtained a temporary restraining order to keep Title 42 in place. This is a huge victory for border security, but the fight continues on.” 

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The person behind the decision was Judge Robert Summerhays of the U.S. District Court of Louisiana. She admitted, “The Court discussed the Motion for Temporary Restraining Order [ECF No. 24] filed by Plaintiffs. For the reasons stated on the record, the Court announced its intent to grant the motion. The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.” 

While the Biden administration wants to repeal the decisions, that sentiment isn’t shared by all Democrats. Senator Kyrsten Sinema stated, “Arizona communities bear the brunt of the federal government’s failure at our border, so we’re stepping in and protecting border communities by ensuring the Administration works hand-in-hand with local leaders, law enforcement, and nonprofits to put a comprehensive, workable plan in place before lifting Title 42.” 

Another Democrat, Sen. Mark Kelly, added, “Right now, we have a crisis on our southern border. Right now, this administration does not have a plan. I warned them about this months ago. It’s going to be, to be honest, it’s going to be a crisis on top of a crisis.” 

Later, Sen. Kelly wrote, “I heard directly from Border Patrol leadership about operational challenges and discussed with them my concerns about the administration’s intent to lift Title 42 without a comprehensive plan in place. My focus is on ensuring an orderly, humane, and secure border process.”

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This piece was written by Jeremy Porter on April 26, 2022. It originally appeared in and is used by permission.

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