Biden blocked from winding down Trump-era border policy

A federal judge on Wednesday ordered the Department of Homeland Security to halt its efforts to dissolve a coronavirus-related border restriction initiated in 2020, potentially derailing the Biden administration‘s goal of rescinding the Trump-era policy by late May.

U.S. District Judge Robert R. Summerhays of the Western District of Louisiana, who said Monday he intended to issue the injunction, barred Homeland Security from taking steps to wind down the policy known as Title 42 over the next two weeks. He also set a May 13 hearing date to determine whether the pause should be extended beyond May 23, when the administration aims to fully rescind the rule, which was initiated by former President Donald Trump.

He said the plaintiffs in the case — mostly GOP-led states — “have established a substantial threat of immediate and irreparable injury resulting from the early implementation of Title 42,” including “unrecoverable costs” pertaining to health care, law enforcement, detention, education and other spending affecting migrants.

A source familiar with the matter said Biden officials are discussing their next steps and whether they will appeal if the judge moves to further block the administration from lifting Title 42.

The source said the judge’s order will not prevent the administration from continuing to plan for lifting the restriction on May 23.

Homeland Security officials told reporters they planned to comply with the judge’s order.

The White House has maintained that the decision to end Title 42 was based on a recommendation from the Centers for Disease Control and Prevention because of the risk of Covid-19 transmission and that it was not meant to be a long-term immigration plan.

Concerns have been raised by Republicans and even some centrist Democrats, particularly those up for re-election this year, about whether the administration is prepared to handle a potential increase of migrants at the border if it allows families and single adult asylum-seekers who had been turned away during the pandemic to enter the U.S. and make asylum claims.