District Judge Robert Summerhays confirmed his decision to temporarily block the government of President Joe Biden from ending Title 42, which allows expedited expulsion to immigrants arriving at the border.
Although the Department of Homeland Security (DHS) has not ruled on the matter, in the hearings in two committees in the House of Representatives, Secretary Alejandro Mayorkas indicated that the dependency in his charge would follow the decision made by the judge, after there was a provisional suspension that would prevent ending that policy on May 23.
Judge Summerhays responds to a lawsuit by the Republican governments of Missouri, Louisiana and Arizona, who accused disorder on the border when Title ends 42, prompted by former President Donald Trump at the start of the COVID pandemic-19.
On May 13 there will be a hearing, from which it could be determined whether the order provisional will be permanent.
The judge’s decision affirms that the plaintiff states demonstrated a “substantial threat of irreparable harm” to confirm the provisional suspension, in addition to the fact that the decision of the Biden Administration had violated the administrative processes to conclude with politics.
One of the key points highlighted by Judge Summerhays’ opinion is that Title 42, according to the plaintiffs’ arguments, has made it possible to stop the increase in migrants from Central America, mainly from Honduras, El Salvador, Guatemala.
“Defendants, including DHS… are ordered and restrained from implementing the Termination Order, including increases in the processing of migrants from the Northern Triangle countries through Title 8 procedures instead of under the title 42”, indicates the judge. “And they are ordered and restricted in addition to reducing the processing of immigrants in accordance with Title 42”.
Judge Summerhays’ decision seems to respond to the plan announced on April 26 by the DHS on how it would increase the expedited removals of immigrants under Title 8, which is about asylum petitions and would allow the immediate return of non-citizens who do not comply with the petition requirements of that migratory protection.