In an extraordinary move, a federal judge in Louisiana temporarily blocked the Biden Administration “from ending expulsions of illegal immigrants under Title 42 of the U.S. Code, less than a month before their planned end” reports National Review.
Trump appointee of the U.S. District Court for the Western District of Louisiana, Judge Robert Summerhays, gave the order announced in a single-page notice Monday. Summerhays currently presides over Louisiana v. CDC, a lawsuit brought against the Biden Administration by Louisiana, Arizona and Missouri over its plans to end Title 42 next month.
National Review reports of the ruling:
It is a temporary restraining order, designed to preserve the situation at the Southern Border until arguments for a more formal injunction may be considered. Per Rule 65 of Federal Rules of Civil Procedure, the order will expire within 14 days – i.e., May 9 – or a shorter timeframe set by Summerhays.
Drawn from the Public Health Service Act of 1944, Title 42 allows the U.S. to remove foreign nationals who are deemed to pose a risk to the “public health” of the United States. During the coronavirus pandemic, it was invoked by the Trump Administration in March of 2020 to summarily expel migrants who crossed the Southern Border illegally, often on the same day they arrived, without proceeding through the lengthy normal deportation process.
The Biden Administration, citing the pandemic, continued its use upon assuming office – though it added exemptions for unaccompanied children and vulnerable families. As of last week, per U.S. Customs and Border Protection, over 1.7 million illegal immigrants had been expelled from the U.S. under Title 42 provisions. In comments to NPR, Theresa Cardinal Brown of the Bipartisan Policy Center called Title 42 the “primary tool” of controlling illegal immigration along the Southern Border.
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Trump, Rep Biggs: invoking the Alien Enemies Act to enable widespread deportation will ‘be necessary’
At a recent rally in Iowa, former President Donald Trump promised that if elected again in 2024, he would invoke the Alien Enemies Act to enable widespread deportation of migrants who have illegally entered the United States. Since President Joe Biden took office in January of 2021, over 6 million people have illegally entered the country.
Republican Representative Andy Biggs from border state Arizona, which is among the states suffering the greatest consequences from the Biden administration policies, lamented that Trump’s suggestion will be “necessary.”
Speaking on the “Just the News, No Noise” television show, Biggs stated “[I]t’s actually gonna have to be necessary.” Biggs then added his thoughts on how many more people will continue to cross the border under Biden: “Because by the time Trump gets back in office, you will have had over 10 million, in my opinion, over 10 million illegal aliens cross our border and come into the country, under the Biden regime.”
“And so when you start deporting people, and removing them from this country, what that does is that disincentivizes the tens of thousands of people who are coming,” Biggs went on. “And by the way, everyday down in Darién Gap, which is in Panama… over 5,000 people a day. [I] talk[ed] to one of my sources from the gap today. And I will just tell you, those people that you’ve seen come come in to Eagle Pass, over 7,000 in a three day period, most of those two weeks ago, were down crossing into the Darién Gap.”
“And those people… make their way up and they end up in the Eagle Pass [Texas], Del Rio area,” he continued. “So if you want to disincentivize them, you remove them from the country, which is why they remain in Mexico policy was so doggone effective at slowing down illegal border crossings.”
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