Judge issues temporary restraining order in Title 42 case
Arizona is one of the states suing to keep the policy in place past it's May 23rd expiration date - FOX 9's Adam Klepp reports
YUMA, Ariz. (KECY, KYMA) - The fight over Title 42 is on after a Federal Court judge issued a temporary restraining order following a lawsuit by over 20 states including Arizona.
On Monday, a judge ruled the Department of Homeland Security could not begin to phase out Title 42 for the next two weeks before the May 23rd deadline.
The decision comes as Republican-led states and a growing number of Democrats are urging the CDC and the Biden Administration to extend the policy.
For now, Title 42 is still set to end on May 23rd but the battles in court are far from over.
“It remains to be seen if the judge will prevent the CDC and the Biden Administration from lifting Title 42 altogether,” Immigration Lawyer Eric Welsh explained.
The health policy that has expelled over 1.8 million would-be asylum seekers according to customs and border protection.
U.S. District Judge Robert Summerhays in Louisiana blocked officials from ending the policy before the May 23rd deadline.
“When the CDC, which is a body of scientists, has decided it is no longer necessary and in the best interest of public health, I’m not sure how a federal judge could compel the CDC or the administration to keep the policy in place,” Welsh continued.
While states like Arizona fight to keep Title 42, other immigration experts are weighing in, saying the policy itself is bad and contributing to the record number of apprehensions at the southern border.
“Thanks to Title 42, the rate of repeat encounters is the highest it has been in 20 years,” Aaron Reichlin-Melnick, Senior Policy Counsel at American Immigration Council began.
That rate is 49% for fiscal year 2022, revealed in court documents from Arizona's lawsuit against the CDC.
Meaning half of all migrants expelled under Title 42 cross right back into the United States.
Which Reichlin-Melnick says further strains border law enforcement resources as opposed to regular immigration law.
As the repeat encounter rate for migrants expelled under Title 8 is 20% lower.
“Over the last two years, there have been over 900,000 repeat crossers crossing on their 2nd, 3rd, 4th or even higher attempt," Reichlin-Melnick said.
One of those migrants is Lionel Deras from El Salvador.
I met him in a Mexicali shelter in March, where he told me he had illegally crossed into the united states multiple times.
“I’ve crossed through Algodones to Yuma and the last time I came through Mexicali and I’ve been deported these past two times," Deras said.
