Biden says he disagrees with the decision of the federal judge of Louisiana, which blocked their cancellation of Chapter 42 – because the Ministry of Justice says it will appeal.
White House spokeswoman Caryn Jean-Pierre said that the power to make health policy decisions at the national level “should belong to the Centers for Disease Control, not to one district court.”
Judge Robert Summerhays, appointed by Trump in the West Louisiana County, issued a preliminary injunction against the Biden administration’s decision to lift the restriction Monday in response to lawsuits by two dozen Republican states led by Arizona, Louisiana and Missouri.
Summerhays said it would rule on the issue by Monday.
The states allege that the Centers for Disease Control and Prevention violates the Administrative Procedures Act because they did not provide a notification and comment period for the repeal plan of Section 42. The Act also prohibits steps that are considered “arbitrary and capricious.”
The states claim that the Biden administration did not take into account the additional costs of having more migrants admitted.
The Biden administration stressed in its arguments that the CDC has the power to repeal Section 42 because it is a public health order and not an immigration order.
White House spokeswoman Caryn Jean-Pierre said the administration “disagrees” with the decision, and said the executive has the prerogative to stop the program.
“The administration does not agree with the court ruling, and the Ministry of Justice has announced that it will appeal the decision. The authority to determine public health policy at the national level should belong to the Centers for Disease Control, not to one district court, ”she said.
“However, in accordance with the court’s order, the Biden administration will continue to comply with the requirements of the CDC 2020 Title 42 health authority until the appeal is considered. This means that migrants trying to enter the United States illegally will be deported under section 42. as well as immigration consequences such as removal under section 8. ”
She said DHS “will continue to plan for the abolition of Title 42 in light of the CDC’s health care decision, and at this point anyone attempting to enter the country illegally will be subject to expedited removal under Section 8 if they have no reason to remain in The United States. ”
The Department of Homeland Security (DHS) told the Biden administration that they would soon run out of funding to handle the influx of migrants as soon as Chapter 42 expires, and domestic documents indicate they may need up to $ 2 billion.
DHS has already said it could face up to 18,000 migrants along the southern border a day after the expiration of Section 42, more than twice the current 7-8,000 and more than three times DHS’s operational capacity of 5,000 per day.
On Friday, a Louisiana federal judge temporarily blocked the Biden administration from terminating Section 42, which CDC border agents are counting on to dismiss migrants. Immigrants cross a gap in the US-Mexico border barrier on May 19, 2022 in Yuma, Arizona
Arizona Attorney General Mark Brnovich announced this on Twitter
Last month, U.S. Customs and Border Protection officials made 234,088 stops at the border with Mexico, up 5.8 percent from March, when 221,303 stopped. The figure is a maximum of 22 years
And as head of next week’s title, 42 migrants gushed through cracks in the U.S.-Mexico border wall and lined up for processing in photos taken Thursday.
Chapter 42, a pandemic-era health rule restricting immigration, will end on Monday.
DHS is currently working on $ 1.4 billion allocated by Congress to deal with a record number of border clashes, and plans to raise funding from other parts of the agency to deal with the influx.
According to internal planning documents reviewed by NBC News, Customs and Border Protection (CBP) and Immigration and Customs (ICE) will soon run out of resources, and officials are urging the Biden administration to ask Congress for an additional bill on funding.
Under internal planning, DHS will need an additional $ 1.2 billion when the number of border crossings reaches 10,000 per day, $ 1.6 billion for 14,000 crossings per day and $ 2 billion for 18,000 per day.
DHS officials told NBC that they had expressed the need for more funding for meetings with the White House, including one late last week and one earlier this week.
As of the beginning of this month since April 2020, more than 1.9 million people have been deported under section 42, most of whom were under the leadership of the Biden administration.
Border guards faced 234,000 illegal crossings in April, a new record, and about 41 percent of the meetings ended in deportation under section 42. Some of these crossings were repeat offenders.
According to the Biden administration, about 97,000 were deported under section 42 and 110,000 were released in the United States.
Another 15,000 people have been deported under Section 8, a U.S. immigration policy used when migrants trying to cross the border illegally cannot establish any legal grounds for staying in the country. DHS has said it will expand the use of Title 8 as soon as Title 42 disappears.
President Biden will be in Japan when border policy is expected to expire on his first trip to Asia as president. He was under strong pressure from progressives to end restrictions in the pandemic era, but some Democrats, especially those re-elected in constituencies, urged the president to postpone the end of politics until he comes up with a more elaborate plan.
Meanwhile, chap. Interior Ministry Alejandro Mayorkas has assured that his agency is ready for the influx of migrants if the court allows the repeal of Section 42.
Immigrants await boarding a U.S. Border Service bus to be handled for processing after crossing the Mexican border on May 19, 2022 in Yuma, Arizona
Immigrants expect to be processed by a U.S. border patrol after crossing the border into Mexico on May 19, 2022 in Yuma, Arizona
A U.S. Border Service agent is handing out bags of personal belongings to immigrants as they prepare to enter a Border Patrol car to be picked up for processing after crossing the Mexican border on May 19, 2022 in Yuma, Arizona.
In April, he published a 20-page note detailing a six-part strategy to combat migrant pressure since the end of Chapter 42, including empowering, detaining, deporting and prosecuting more migrants and recruiting staff and resources.
During his 10th trip to the border this week, Mallorca insisted that the country’s perimeter would not be “open” without a title.
“It is important to note that although we are, of course, preparing for the end of Title 42 based on the decision of the Centers for Disease Control and Prevention that it will end on May 23, this does not mean that the border will be open. May 23, ”Majorkas insisted.
“We continue to comply with the laws of this country,” he added. “We continue to remove persons who are not entitled to assistance under the laws of this country.”
An immigrant father from Columbia is holding his child after crossing the border into Mexico while they await processing by a U.S. border patrol, May 19, 2022, in Yuma, Arizona
An immigrant mother from Cuba sits with her sons after crossing the border into Mexico while they await processing by a U.S. border patrol on May 19, 2022 in Yuma, Arizona
Last month, 234,088 meetings were 5.8 percent more than in the previous month, when meetings reached 221,303. The March figure was the highest since July 2021, when the number of meetings was 213,593.
There have been significant leaps over the past few months as migrants head to the U.S. border in preparation for the end of Title 42, a pandemic-era policy that allows instant deportation without immigration agencies hearing asylum applications in the midst of health care. an emergency.