A federal judge in Louisiana said Monday he will issue a temporary restraining order blocking the May 23 ending of Title 42, the pandemic-related health order.
U.S. District Judge Robert R. Summerhays, an appointee of former President Donald Trump, said he plans to grant the motion brought by 21 Republican governors. But he said all parties “will confer regarding the specific terms to be contained” in the TRO and “attempt to reach agreement.”
Title 42 has been used more than 1.8 million times since it was placed into effect in March 2020 by the Centers for Disease Control and Prevention. Advocates for immigrants say that it denies migrants their legal right to ask for asylum. Both Republicans and Democrats, though, have criticized the lifting of the measure.
The Department of Justice didn’t immediately respond to a request for comment.
“I am so proud of the lawyers from our office who just got a Temporary Restraining Order to keep Title 42 in place,” tweeted Arizona Attorney General Mark Brnovich, whose state was a co-lead in suit. “We will continue to fight the Biden administration’s open border policies.”
The growing dispute comes amid rising migration. Last March, nearly 210,000 arrivals of migrants were encountered by the Border Patrol. That was the highest such total since 2020.
The measure has also led to a high number of attempted repeat entries, U.S. Customs and Border Protection officials have said. In March, about 30% of those encountered by the Border Patrol had made previous tries.
On Friday, the state of Texas filed a separate case in a Texas court also seeking to delay the May 23 ending.
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