Louisiana judge could rule by Friday on Title 42 enforcement that's set to expire Monday

The Trump-era health policy has allowed border officials to expel migrants due to COVID-19 concerns.

Updated: May 20, 2022 - 9:57am

A federal judge in Louisiana could issue a ruling Friday about whether Title 42 will be allowed to expire next week. The Trump-era policy, which has allowed officials to expel illegal migrants at the southern border, is set to end on May 23. 

Judge Robert Summerhays of the Western District of Louisiana will soon make a decision about the request for a preliminary injunction on the current administration's plan to end the policy. 

Republicans and some Democratic lawmakers have continuously warned that the already record-breaking number of migrants illegally crossing the southern border could surge even higher if the order is lifted. Politicians also warn that it could also lead to a significantly higher number of migrants being released into the country. The Department of Homeland  Security has acknowledged that it is preparing for up to 18,000 migrants day once Title 42 is no longer in effect.

Even with Title 42 in effect, U.S. Customs and Border Patrol said more than 234,000 people crossed last month alone, and nearly 97,000 were expelled under the policy. 

Some two-dozen Republican states, led by Arizona, Missouri, and Louisiana filed suit arguing that the move by the Centers for Disease Control and Prevention violates the Administrative Procedures Act. 

The suit also claims that, in moving to eliminate Title 42, the administration failed to consider or account for the costs the decision would have on the states. They argue that they will now be responsible for "increased health care costs for aliens infected with COVID-19 and the cost of increased illegal immigration caused by the Termination Order and the presence of much greater numbers of paroled aliens with non-meritorious asylum claims who were induced to enter the United States because of the Termination Order."

In April, Judge Summerhays granted the temporary restraining order that prevented the Biden administration from rolling back the use of Title 42 ahead of its official May 23 terminal date.