Federal judge blocks Biden from 'paroling' migrants hours before Title 42 set to lift

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WASHINGTON − A federal judge in Florida on Thursday blocked a Biden administration plan to release migrants in the U.S. on "parole" because of an surge expected once an emergency immigration restriction known as Title 42 lifts.

U.S. District Judge T. Kent Wetherell in the Northern District of Florida wrote that a Biden administration memorandum outlining the parole policy appeared to conflict with a decision from the court in a separate case earlier this year. Wetherell, nominated by President Donald Trump, said his order would take effect at 11:59 p.m.

"The Southwest Border has been out of control for the past 2 years," Wetherell wrote. "And it is about to get worse because, at midnight tonight, the Title 42 order expires."

Title 42, first imposed during the Trump administration, permits the more rapid expulsion of migrants during a public health emergency − in this case, the COVID-19 pandemic. But the Biden administration on Thursday lifted that public health emergency. And Biden acknowledged earlier this week that the result would be chaotic.

Biden acknowledged earlier this week that it would be “chaotic” at the border. Asked Tuesday if the country is ready for the expected surge of migrants into the U.S., Biden said his administration is doing everything it can to prepare.

"It's going to be chaotic for a while," Biden told reporters on Tuesday.

The impact of Wetherell's ruling was not immediately clear. The administration was almost certain to appeal. The Justice Department didn't immediately respond to a request for comment.

The Supreme Court had been set to hear arguments in March in another case challenging the end of Title 42. But after the administration announced it would end the emergency the court removed the case from its calendar.

Contributing: Maureen Groppe

Migrants are stopped by Texas National Guard from entering gate 42 with the intention to surrender to Customs and Border Protection on the last day of Title 42 on Thursday, May 11, 2023 in El Paso, Texas.
Migrants are stopped by Texas National Guard from entering gate 42 with the intention to surrender to Customs and Border Protection on the last day of Title 42 on Thursday, May 11, 2023 in El Paso, Texas.

This article originally appeared on USA TODAY: Title 42: Judge blocks Biden from 'paroling' migrants on border