On Friday, a federal judge in Louisiana temporarily blocked the Biden administration from terminating a controversial Trump-era pandemic restriction, known as Title 42, at the US-Mexico border.
As noted by CNN, the Biden administration has relied on Title 42, a public health authority invoked at the onset of the coronavirus pandemic that allows border officials to turn migrants away at the US-Mexico border.
Last month, however, the US Centers for Disease Control and Prevention announced plans to terminate the order. The decision sparked a flurry of criticism by Republicans and Democrats amid heightened concerns over a migrant surge when the authority lifts.
But CNN reported that “just days away from Title 42 ending this month, Judge Robert Summerhays of the Louisiana Western District Court found that the Biden administration didn’t follow the right procedures in ending the authority and argued that while the administration may invoke an action under emergency conditions, those may not apply with respect to terminating it.”
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“Simply put, the CDC has not explained how the present circumstances prevented the CDC from issuing the Termination Order through the required notice and comment process under the APA,” Summerhays wrote, referring to the Administrative Procedure Act.
The termination of Title 42, 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 effect for now.
