Judge Biden barred the administration from lifting the Title 42 border policy

The judiciary on Friday appealed against the decision, saying it was unlikely the sanctions would be lifted by Monday. The administration will abide by the court’s order during the appeal process, White House Press Secretary Karin Jean-Pierre said in a statement, adding that the White House does not agree with the decision.

“During the appeal process, the Department of Homeland Security will continue to plan for the final removal of the Title 42 in light of the CDC’s public health judgment. Says.

But inside the West Wing, the reaction was much more mixed – some Biden assistants breathed a sigh of relief.

The situation on the southern border has become a political dilemma for the White House, with Republicans expecting a massive increase in immigrants from Mexico to the United States. Even some Democrats openly questioned the White House’s decision to end the policy, arguing that the country’s immigration system would not be ready to handle the flow, as well as worrying about political impact in the middle years.

And the White House has carefully documented its objections on a procedural basis, stating that policy-making authority should rest with the CDC, not the courts. This thinking – much like the administration’s appeal to overturn the mask mandate on public transport – preserves the ability to re-apply such measures if the epidemic worsens in the coming months.

But, broadly speaking, Biden’s associates felt they had been placed in a no-gen situation: a flood of immigrants could create a point of discussion for Republicans if Title 42 is reversed. But conversely, leaving it in place could frustrate immigration workers and sections of the democratic base who believe asylum seekers should be allowed to enter, further discouraging party motivation before it could be a challenging election year.

Biden ran to restructure the immigration system and end Trump-era deportation policies, such as Title 42. He maintained the policy after taking office, citing a ragging epidemic.

Republicans on Friday hailed the court’s decision.

“The court has made the right decision to keep the title in 42 places. Ending Title 42 would be a complete disaster for a nation already suffering from the Biden border crisis, “said Sen. John Barasso (R-YO), chairman of the Senate Republican Conference, in a statement. “We have a humanitarian, public health and national security emergency on our southern border. Our border patrol agents are overwhelmed by the trampling of illegal immigrants crossing the border every day. The President was repeatedly warned not to end Title 42. He ignored that warning. “

After the CDC announced its intention to lift the sanctions last month, bipartisan lawmakers accused a growing chorus administration of having no plans to deal with the surge at the border once the policy expires. Arizona Sen. Mark Kelly, one of the Democrats who hit the White House for not having a post-title 42 game plan, said Friday that “Arizona has paid the price for failing to plan in front of Washington and secure the border.”

“Today’s decision does not change the fact that there is a crisis at the border and there must be a detailed plan that can be implemented before lifting Title 42. The Arizonans deserve a safe, orderly and humane border response and I will continue to hold the administration accountable for that, “Kelly said in a statement.

Summerhouse’s ruling was, as expected, a blow to immigration lawyers and some Democrats, who in recent months have stepped up pressure on the administration to abandon the policy, as U.S. lawyers and lawmakers have expressed concern that Title 42 was not a measure of public health but a way to control border crossings. Being used as.

The congressional Hispanic Caucus called the ruling “offensive” and “ridiculous” and said lawmakers must pass immigration reform, as Biden called for.

“Today’s federal court verdict, Title 42, is offensive, ridiculous and destroys our asylum system. Title 42 is a public health emergency policy that can be started and ended by the administration. This is not the way to manage borders. In addition, Title 42 denies asylum seekers their legal rights under U.S. law for due process in the United States and goes against international humanitarian norms and values, ”Chairman Raul Ruiz (D-Calif) said in a statement.

But another court order placed some restrictions on Summerhouse’s ruling, said Lee Gillart, deputy director of the ACLU’s immigration rights project and head of the Title 42 case in Washington, DC.

On March 4, a three-judge panel in the DC Circuit Court unanimously ruled that the CDC could use Title 42 to expel immigrant families – but would not return to danger without the opportunity to apply for protection against their persecution and abuse. Although a Louisiana court has now restrained the lifting of Title 42 Monday, Gelart said the DC Circuit Court’s order would prevent it from being used to expel immigrant families for harassment or torture.

Krista Maher and Marian Levine contributed to this report.