District Judge Robert R. Summerhays, who was a Trump appointee, ruled that Biden did not have the authority to suspend Title 42 because it was a health measure aimed at preventing the spread of communicable diseases within the United States.
In his ruling, Summerhays stated that the Biden administration had violated “administrative procedure laws,” adding that the suspension of Title 42 would cause “irreparable harm” and financial strains on health care, law enforcement, education and other services for migrants.
The Biden administration immediately responded to the judge’s decision, filing an appeal with the 5th U.S. Circuit Court of Appeals, insisting that the measure, which dates back to the 1940s, was implemented by Trump for political purposes, not health concerns.
Notwithstanding, the U.S. Department of Homeland Security issued a statement declaring Title 42 to be “not an immigration control tool, but a public health order.”
The statement said that Homeland Security “will comply with the court’s order to continue enforcing the Centers for Disease Control and Prevention’s Title 42 Order as long as it remains in place.”
Under Biden, illegal immigration into the United States from across the Mexican border has spiraled into chaos, with more than 250,000 undocumented migrants entering the country in March, the highest monthly volume ever recorded.
The administration had announced that it would suspend the expulsion of undocumented migrants under Title 42 starting Monday, but more than 20 Republican-controlled states, led by Arizona, brought suit against the administration through the Louisiana court, claiming that the lifting of Title 42 would lead to even more disorder and violence at the U.S.-Mexico border and would cost states millions of dollars in taxpayer money.
“The Biden administration’s disastrous open border policies and its confusing and haphazard covid-19 response have combined to create a humanitarian and public safety crisis on our southern border,” said Texas Governor Greg Abbott.