Biden Admin Says It Will Comply With Expected Court Order Revoking End Of Title 42 Border Policy
An Ecuadorian woman (C) is pictured in a United States Border Patrol transport vehicle in Sunland Park, New Mexico on September 1, 2021.
PAUL RATJE/AFP via Getty Images

The Biden administration said on Tuesday that it intends to comply with a Louisiana judge’s expected order to block the end of Trump-era Title 42 border policy.

The Biden administration had scheduled the policy, which allows stopping migrants at the southern border to help stop the spread of COVID-19, to end on May 23.

“If and when the court issues the TRO [temporary restraining order] the department is planning to comply with that order,” a senior administration official said on Tuesday, according to Politico.

“It really makes no sense to us that the plaintiffs would demand, and the court would order, that [Department of Homeland Security] be stopped in its use in expedited removal, which is going to prevent us from adequately preparing for the aggressive applications for immigration law when public health expires,” the official added.

In addition, the Department of Homeland Security (DHS) released a plan to address the expected surge of migrant crossings following the end of Title 42 on Tuesday.

“When the Title 42 public health order is lifted, we anticipate migration levels will increase, as smugglers will seek to take advantage of and profit from vulnerable migrants,” DHS Secretary Alejandro Mayorkas said in a memo regarding the agency’s plan.

Mayorkas also noted, however, that the increase in migrant crossing attempts is placing added stress on Border Patrol efforts.

“Despite the efforts of our dedicated DHS workforce and our partners executing this comprehensive plan, a significant increase in migrant encounters will substantially strain our system even further,” he said in the memo.

The actions come in response to concerns that up to 18,000 migrants per day could attempt to cross the border if Title 42 ends, a number that could push illegal border crossing numbers to more than a half-million people per month.

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration over its decision to end the public health order.

“The Defendants now seek to eliminate their Title 42 border-control measures, which are the only rules holding back a devastating flood of illegal immigration,” the complaint states.

“But they failed to follow the Administrative Procedure Act in attempting this destructive rescission of Title 42. Without justification or concern for Texans, the Defendants unlawfully disregarded the APA’s notice-and-comment requirements, refused to consider numerous factors of crucial importance to their rulemaking, and laid bare the incoherence of their decision-making,” the lawsuit added.

At least 10 Democrats in Congress have joined with Republican lawmakers to oppose President Joe Biden’s plan to end Title 42. Among them is Arizona Democratic Sen. Mark Kelly.

“Right now, we have a crisis on our southern border. Right now, this administration does not have a plan. I warned them about this months ago,” Kelly said, according to Fox News.

“It’s going to be, to be honest, it’s going to be a crisis on top of a crisis,” he added.

Kelly also visited the border recently, taking to Twitter to address his concerns about ending Title 42.

“I heard directly from Border Patrol leadership about operational challenges and discussed with them my concerns about the administration’s intent to lift Title 42 without a comprehensive plan in place. My focus is on ensuring an orderly, humane, and secure border process,” he wrote.

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