Federal judge will temporarily block Biden administration from lifting Title 42

WASHINGTON – A federal judge said he will temporarily block the Biden administration from ending the Trump-era Title 42 policy that expels migrants from the United States’ borders to avoid the spread of COVID-19.

The Centers for Disease Control and Protection announced in April that the policy would be rescinded on May 23.

In a lawsuit brought by 21 Republican-led states, U.S. District Judge Robert Summerhays of Louisiana said in a notice on Monday that he will grant a temporary restraining order blocking the end of Title 42. Summerhays was appointed by former President Donald Trump.

"For the reasons stated on the record, the Court announced its intent to grant the motion," the notice said. "The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement."

The CDC on April 1 said it was ending Title 42 because it was "no longer necessary" after "considering current public health conditions and an increased availability of tools to fight COVID-19."

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Former President Donald Trump created the policy, known as Title 42, to protect the public health in 2020. Since coming into office, the Biden administration has embraced it under the same justification, denying critics' assertions they are using it to curb immigration.

The ruling comes as Republicans and some moderate Democrats have called on the Biden administration to delay ending the policy. Title 42 is still currently being used on the ground until May 23. It's unclear whether the judge's rule will delay the Biden administration's plan to end the policy.

"BREAKING NEWS: In a lawsuit originally filed by Missouri, Louisiana, and Arizona, our Office just obtained a temporary restraining order to keep Title 42 in place. This is a huge victory for border security, but the fight continues on," Missouri Attorney General Eric Schmitt wrote in a tweet.

The Justice Department declined to comment on the judge's notice.

Contributing: John Fritze

This article will be updated.