As the final moments of Title 42 ticked down, a federal judge in Florida temporarily blocked the Biden administration from releasing scores of migrants into the United States without so much as a court date or a way to track where in the nation they settled.
District Judge T. Kent Wetherell II argued that the policy, outlined in a memo on Wednesday from the head of U.S. Border Patrol, Chief Raul Ortiz, is “materially indistinguishable” from one he shot down in March, the New York Post reports.
Under the Biden administration’s plan, migrants would be released into the States on “parole with conditions” if Customs and Border Protection (CBP) is overcrowded. Migrants would have been required to either mail in a request for a Notice to Appear or make an appointment with Immigration and Customs Enforcement (ICE).
Florida Attorney General Ashley Moody took the Biden administration to court on Thursday, arguing that Ortiz’s memo was “materially identical” to the Parole + ATD (Alternatives To Detention) — also known as “catch and release” — policy that the Judge already struck down.
Judge Wetherell agreed and issued a temporary restraining order which took effect at 11:59 p.m. EDT Thursday, one minute before the pandemic-era Title 42, which allowed for apprehended migrants to be quickly removed, expired.
🚨BREAKING NEWS 🚨
Federal judge grants Attorney General Moody’s request for a Temporary Restraining Order enjoining @JoeBiden’s unlawful “Parole with Conditions” mass release policy ahead of Title 42 expiration.https://t.co/lP4htLKdRk
— Senator Ashley Moody (@SenAshleyMoody) May 12, 2023
The judge stated that “Florida has a substantial likelihood of success” in challenging the president’s plan “because the challenged policy appears to be materially indistinguishable from the Parole+ATD policy vacated in Florida — both in its purpose (reducing overcrowding at border patrol facilities) and manner of operation (releasing aliens into the country without first issuing a charging document placing them in immigration proceedings and simply directing the aliens to report to ICE within a specified period for further processing).”
According to Wetherell, the border crisis is a “problem” that is “largely one of [the administration’s] own making through the adoption an implementation of policies that have encouraged the so-called ‘irregular migration’ that has become fairly regular over the past 2 years.”
Moody took to Twitter to celebrate the victory.
“We took swift action to protect the American people from @JoeBiden’s unlawful plan to release thousands of illegal immigrants when Title 42 lifts in an hour,” she tweeted. “I am grateful for the quick decision by the federal judge.”
We took swift action to protect the American people from @JoeBiden’s unlawful plan to release thousands of illegal immigrants when Title 42 lifts in an hour.
I am grateful for the quick decision by the federal judge.https://t.co/uv6natkL83 https://t.co/hgJMuNLIJL
— Senator Ashley Moody (@SenAshleyMoody) May 12, 2023
In a statement, CBP called the ruling “harmful.”
“CBP will comply with the court order and is assessing next steps,” the statement reads. “This is a harmful ruling that will result in unsafe overcrowding at CBP facilities and undercut our ability to efficiently process and remove migrants, and risks creating dangerous conditions for border patrol agents and migrants.”
“The fact remains that when overcrowding has occurred in Border Patrol facilities, Republican and Democratic Administrations alike have used this parole authority to protect the safety and security of migrants and the workforce,” it continued. “Individuals apprehended by CBP are thoroughly vetted against all national security and public safety systems, regardless of how they are processed.”
Statement from CBP pic.twitter.com/gwI4aQkBMM
— CBP (@CBP) May 12, 2023
The temporary restraining order will remain in effect for two weeks.
A preliminary injunction hearing is set for May 19, according to Wetherell’s order. An appeal to the ruling is expected from the Biden administration.
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Melissa Fine is the former executive editor of Casino Player, Strictly Slots, and Poker
Digest magazines. She is a UCLA graduate, news junkie, and dedicated Stargate SG-
1 fan. Melissa currently lives with her dog and two cats in a tiny town in the Sierra
Nevada foothills.
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