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May 12, 2023

Federal Judge Temporarily Blocks Biden Administration's Migrant Release Policy

Federal Judge Temporarily Blocks Biden Administration's Migrant Release Policy
Ethan Rose
Ethan Rose

A federal judge has issued a temporary restraining order on allowing the Biden administration to release migrants from Border Patrol custody without a court date. The ruling was made just hours before the Title 42 Order was set to expire, and Florida Attorney General Ashley Moody requested a response before midnight when Title 42 would expire. GOP lawmakers praised the decision but clarified that it was only a temporary solution.

Federal Judge T. Kent Wetherell in Florida has temporarily blocked the Biden Administration from carrying out a “parole” policy that would allow the temporary release of migrants who have crossed the southern border illegally. The policy was originally implemented in 2020 on public health grounds but did not include any penalty for repeated attempts.

Record numbers of migrants from across the world have shown up on America’s borders in hopes of crossing before Title 42 is nullified. The White House argued that the policy flouted federal law which required at least temporary detention for anyone who crosses border illegally, and ACLU along with immigration rights groups filed lawsuits against this new policy.

Following this ruling, Secretary of Homeland Security Alejandro Mayorkas released a video message attempting to clarify his administration's stance on their policies, which includes "a minimum five-year ban on re-entry and potential criminal prosecution."

Florida Attorney General Ashley Moody expressed her concern about this issue: "We must ensure our borders are secure and immigrants entering our country do so legally." She further added, "The recent surge of illegal crossings is overwhelming our system, putting both citizens and noncitizens at risk."

In contrast to these views by officials supporting stricter border control policies were statements by various civil rights organizations such as American Civil Liberties Union (ACLU). Maria Lopez-Davila from ACLU stated: "This decision will undoubtedly cause more suffering among asylum seekers who have already been through so much."

As GOP lawmakers continue praising this decision while underscoring its temporary nature, civil rights advocates criticize the ruling as potentially harmful to asylum seekers. The Biden administration now faces a major challenge in navigating these opposing views while maintaining national security and upholding human rights principles.