Saturday, May 21, 2022

Federal Court Enjoins Lifting of Title 42 Order


CNN and other news agencies report that a federal district court in Louisiana entered a preliminary injunction blocking the Biden administration from ending the invocation of Title 42 to allow mass expulsions along the US/Mexico border. The Title 42 order had been set to end on Monday. 

A Trump appointee, Judge Robert R. Summerhays, who entered the injunction, previously was a bankruptcy judge.  In the ruling, Judge Summerhays found that the plaintiffs (Arizona and some other states) had shown a likelihood of success on the merits of a claim that the Biden administration had failed to comply with the notice and comment provisions of the Administrative Procedure Act.  The Biden administration has said that it will appeal the ruling

After allowing the Trump-era policy to remain in place for months, the Biden administration had decided to lift the order later this month.


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