Biden administration asks federal judge to deny request to immediately block end of Title 42

The Biden administration told a federal judge in Louisiana on Friday that the court should deny a request from more than 20 states to immediately block the end of a Trump-era pandemic restriction on the US-Mexico border.

In a court filing, the Justice Department argued: “Plaintiffs fail to show that they face a significant, non-speculative threat of injury. In fact, they cannot. DHS continues to prioritize Title 42 expulsions to the Northern Triangle countries of Guatemala, El Salvador, and Honduras.”

The administration is on track to end the public health authority, known as Title 42, on May 23, but in the interim, border authorities are still allowed to turn migrants away at the US-Mexico border.

Twenty-one states argued this week that the administration had begun releasing migrants into the US — as authorities have the discretion to do — and asked the court to intervene.

Nuñez-Neto argued that increasing the use of expedited removal is part of the preparation for the eventual end of Title 42. Still, the administration is leaning on the authority until its termination.

Homeland Security Secretary Alejandro Mayorkas told CNN on Tuesday that his department is actively preparing for a potential increase in migrants next month when the Trump-era pandemic restriction on the US-Mexico border lifts.

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