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The Biden administration faced a major loss in court as a federal judge has blocked Biden and the Democrats from ending the Title 42 public health order.
The Title 42 public health order allows immigration officers to quickly expel migrants at the southwest border, including asylum-seekers.
By removing this power from immigration officers, it’s widely believed that this move by Biden would have significantly exacerbated the border crisis.
Two dozen Republican states, led by Arizona, Louisiana and Missouri, filed a lawsuit against the Biden administration over the issue.
Following the ruling by Judge Robert Summerhays in in the Western District of Louisiana, Arizona Attorney General Mark Brnovich said, “I’m grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to battle the Biden-made border crisis.”
The immigration system has been fundamentally broken under Joe Biden.
Under Trump, Americans saw the lowest rate of illegal immigration in over 40 years.
Under Biden, we have seen the highest rate of illegal immigration over 60 years.
Biden ended Trump’s “remain in Mexico” policy, which forced foreign nationals seeking to enter the U.S. through the southern border — illegally or without proper documentation — to be returned to Mexico. These individuals needed to wait in Mexico while their legal cases are adjudicated.
Biden, on the other hand, opened the flood gates and created a disaster. By removing this policy, it signaled that everyone can come through the border even if it’s illegally and without proper documentation. This border security program under Trump and kept migrants in Mexico as they awaited their hearings.
Biden and the Democrats falsely claimed President Trump was “racist” and “xenophobic” for his “remain in Mexico.” This was part of Trump’s effort to secure the U.S. southern border and stop the flood of illegal immigration. Trump’s key policy was called the Migrant Protection Protocols. It required migrant asylum seekers to wait in Mexico for their U.S. court hearings.
Under Trump, an estimated 68,000 migrants were returned to Mexico under the policy, according to the Department of Homeland Security. These individuals will need to wait in Mexico while their legal cases are adjudicated. This only impacted those attempting to enter illegally or without proper documentation.
Biden, on the other hand, allows migrant asylum seekers into the U.S. prior to court hearings, which many Republicans have opposed. The Democrat’s strategy of allowing migrants into the U.S. gives them the opportunity to disappear before their court hearings. As a result, White House Press Secretary Jen Psaki recently confirmed that some illegal immigrants have received free cell phones so that they can be contacted and “checked on” in hopes that they don’t disappear within the U.S. before their court hearing.
More on this story via Fox News:
The Centers for Disease Control (CDC) had announced in April that the order, which has been used since March 2020 to expel a majority of migrants at the southern border due to the COVID-19 pandemic, would expire at the end of May.
“After considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary,” the agency said.
The move sparked outrage from both Democrats and Republicans, who warned that the move would lead to a surge in illegal immigration at the border and more people being released into the U.S.
DHS has acknowledged these concerns, saying it is planning for up to 18,000 people a day. However, it has also said that it believes that over time it will reduce the numbers encountered at the border when it re-implements criminal penalties for repeat border crossings.
A number of moderate Democrats joined Republicans in signing onto legislation preventing the administration from lifting the order until 60 days after the CDC says the national emergency on COVID-19 is over. That legislation has not yet been voted on in the Senate.
The Republican lawsuit, seeking the injunction, claimed the lifting of the order violated the Administrative Procedures Act (APA), which requires a notice-and-comment period and also bars moves deemed “arbitrary and capricious.”