Federal Judge Blocks Biden Administration From Ending Title 42

A federal judge in Louisiana has blocked the Biden administration from ending Title 42, a controversial pandemic-era border policy that prevents migrants at the U.S.-Mexico border from asking for asylum.

U.S. District Judge Robert R. Summerhays of the Western District of Louisiana issued an injunction on Friday against the Biden administration, after signaling at a hearing last week that he was inclined to take the step. Judge Summerhays, who was appointed by former President Donald Trump, had previously issued a temporary restraining order to prevent the federal government from preparing to phase out the policy.

In his ruling, Judge Summerhays said that the Centers for Disease Control and Prevention, the agency with the authority to issue and terminate Title 42, improperly wound down the program because it didn’t follow the proper rule-making procedure by seeking comment from the public. He also said the CDC didn’t adequately consider the financial harm the states would incur by assuming more healthcare costs if more migrants test positive for the coronavirus in custody.

Though Friday’s ruling was expected, it will nevertheless upend the Biden administration’s plans to implement a new border process that it argues would deter more people. It is the beginning of what is likely to become a prolonged legal battle in the courts over the president’s purview over immigration policy.