Federal judge blocks Biden administration from releasing migrants from Border Patrol custody without court order
Brady Knox
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A federal judge issued a temporary restraining order on allowing the Biden administration to release migrants from Border Patrol custody without a court date.
Judge T. Kent Wetherell II imposed a two-week halt on a Biden policy that would release detained migrants on parole. Florida Attorney General Ashley Moody filed the lawsuit Thursday and requested a response before midnight when Title 42 would expire. Moody argued that the new policy was “identical” to a policy enjoined by courts in March and would allow for the rapid release of immigrants into the United States.
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Wetherell’s granting of the block came just hours before Title 42 was set to expire. His ruling begins with an indictment of the current border situation, reading, “The Southwest Border has been out of control for the past 2 years. And it is about to get worse because, at midnight tonight, the Title 42 Order expires.”
“The expiration of the Title 42 Order is expected to result in a ‘surge’ of aliens seeking to enter the country because there are reportedly tens of thousands of aliens staged at the Southwest Border waiting for the Title 42 Order to expire so that they can seek to enter the country,” he continued. “And that is on top of the tens of thousands of aliens that have reportedly crossed the border into the country each day over the past few weeks in anticipation of the Title 42 Order expiring.”
Wetherell agreed that a temporary restraining order was valid, as Moody “‘clearly carries the burden of persuasion’ as to the four prerequisites. The Court finds for the reasons that follow that Florida has carried its burden of persuasion.”
GOP lawmakers praised the decision but clarified that it was only a temporary solution.
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“I think that’s the tip of the iceberg. What we need is long-term policy changes, we need the Biden administration to go back to the policies under Trump,” Sen. Roger Marshall (R-KS) told the Washington Examiner at the border.
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“Customs and Border Protection and Border Patrol could gain control of that border right now, if they had the right policies. I hope the courts will continue to help. We need to do everything we can to get that change in policy,” Sen. John Hoeven (R-ND) told the Washington Examiner at the border.