The Biden administration is reportedly getting closer to rolling back the Trump-era Title 42 health order which allows for the quick expulsion of migrants from the border. The Biden administration has been facing pressure from Democrats since the start of Biden’s term to rescind the order but has been met by a series of legal setbacks.

However, because of its public health basis, Centers for Disease Control and Prevention (CDC) Director Rochelle Wollensky technically has the sole authority to end or continue Title 42.

The Hill reports:

While crafted by the Trump administration just days into the pandemic, Title 42 has been used more than 2 million times by the Biden administration, meaning the Department of Homeland Security (DHS) has expelled foreign nationals more than 2 million times under the guise of pandemic-related health restrictions.

Administration officials have adopted a two-pronged strategy to counter pressure from the left to rescind Title 42: They have insisted the authority to end the policy rests solely on Wollensy’s shoulders, and warned that lifting the policy would spark a surge of migrants at the border.

“We have every expectation that when the CDC ultimately decides it’s appropriate to lift title 42, there will be an influx of people to the border,” White House Communications Director Kate Bedingfield told reporters Wednesday.

The planned withdrawal of Title 42 comes after a conflicting set of court decisions on the policy, one directing the administration to expand the policy by applying it to children traveling alone, while a separate court decision imposed new limits, prohibiting sending families subjected to Title 42 to places where they may face torture or persecution.

The administration is reportedly reviewing plans to end the policy as soon as May 23rd.

According to The Hill, a draft order to end Title 42 is circulating in the federal government, but it has yet to get sign-off from all cabinet departments and the White House