The Biden administration’s attempt to end use of Stephen Miller’s anti-asylum Title 42 order by the end of next month appears to have suffered a legal setback following a not unexpected ruling from a federal judge appointed by the insurrectionist president.
Louisiana Judge Robert Summerhays on Monday sided with a number of GOP states that had sued the administration earlier this month (not to be confused with Texas’ lawsuit from last Friday). CBS News reports that the judge intends to stop the administration from winding down the policy before the scheduled May 23 date.
“It's not yet clear if the order will block the administration from ending Title 42 on May 23, or if it will only prohibit them from starting to wind down the policy before then,” the report said. There’s some confusion among advocates and experts because no actual order has been released as of yet, and CBS News reported the hearing was closed to press.
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But Arizona attorney Mark Brnovich, who sued alongside the noted border states of Louisiana and Missouri, wasted no time celebrating. "We applaud the Court for approving our request for a Temporary Restraining Order to keep Title 42 in place," a release said. "The Biden administration cannot continue in flagrant disregard for existing laws and required administrative procedures."
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But in authorizing an end to the policy, the Centers for Disease Control and Prevention (CDC) gave officials the May 23 date so there would be “time to implement coronavirus mitigation measures,” CBS News reported at the beginning of the month. So the CDC is allowed to implement an unsound policy … but apparently can’t end the policy it implemented?
None of it makes sense because it’s not supposed to make sense, it’s just about using right-wing judges to implement an anti-immigrant (and anti-Biden) agenda. It’s why Arizona, Louisiana, and Missouri wasted no time suing. Brnovich has made his xenophobic credentials pretty clear all on his own, previously adopting white supremacist rhetoric to describe asylum-seeking families as an “invasion.”
Texas launched its own lawsuit against Title 42 last Friday, which very corrupt Attorney General Ken Paxton eagerly touted as the state’s 10th immigration-related lawsuit against the administration. While there is no decision on that at the moment, the Remain in Mexico policy was back in front of the Supreme Court on Tuesday after it was forcibly reinstated under a lawsuit launched by Paxton and other Republicans. They know they can use the courts to sabotage the president, and they’re not afraid of using that power.
On the same day that Summerhays said he was siding with the GOP states, the Congressional Hispanic Caucus met with President Biden to discuss priorities for the Latino community, including the need to end Miller’s order.
The Hispanic Caucus “made it very clear that the Title 42 policy is a public health emergency policy that was instituted under the Trump administration during his hate and fear anti-immigrant agenda,” Chair Raul Ruiz said in a statement reported by CNN’s Eva McKend.
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