Biden Admin. to Appeal Ruling Stopping Title 42 From Ending

White House [Public Domain]

The Biden Administration is planning to appeal the ruling from Louisiana Judge Robert Summerhays which halted Biden’s plans to revoke the Trump-era Title 42 order.

The Daily Wire reports:

White House Press Secretary Karine Jean-Pierre made the announcement in a statement late Friday, shortly after a judge in the Western District of Louisiana granted a request for a preliminary injunction in a lawsuit brought by more than 20 state Attorneys General.

“The Administration disagrees with the court’s ruling, and the Department of Justice has announced that it will appeal this decision,” Jean-Pierre wrote. “The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court. However, in compliance with the court’s injunction, the Biden Administration will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal. This means that migrants who attempt to enter the United States unlawfully will be subject to  expulsion under Title 42, as well as immigration consequences such as removal under Title 8.”

“As the appeal proceeds, the Department of Homeland Security will continue planning for the eventual lifting of Title 42 in light of CDC’s public health judgment, at which point anyone who attempts to enter the country unlawfully will be subject to Title 8 Expedited Removal proceedings, if they do not have grounds to remain in the United States,” she added.

The Department of Justice also issued its own statement Friday announcing its intent to appeal the ruling. “The Centers for Disease Control and Prevention (CDC) invoked its authority under Title 42 due to the unprecedented public-health dangers caused by the COVID-19 pandemic,” DOJ spokesman Anthony Coley said. “CDC has now determined, in its expert opinion, that continued reliance on this authority is no longer warranted in light of the current public-health circumstances. That decision was a lawful exercise of CDC’s authority. The Department of Justice intends to appeal the court’s decision in Louisiana et al. v. CDC et al.”

In the judge’s 47-page decision to issue the injunction Summerhays noted that administration officials had previously warned removing Title 42 would result in a huge spike in border crossings.

The record reflects that—based on the government’s own predictions—that the Termination Order will result in an increase in daily border crossings and that this increase could be as large as a three-fold increase to 18,000 daily border crossings” the judge wrote.



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