Federal judge stops Biden admin from releasing migrants without setting court dates

Title 42 will expire at midnight.

Published: May 11, 2023 10:52pm

A federal judge has barred the Biden administration from enacting policies to release migrants without setting court dates.

Under the plan, should U.S. Customs and Border Protection struggle to accommodate a large influx of migrants, they may release migrants from custody on parole. A memo from the Border Patrol outlined the plan, Fox News reported.

But Judge T. Kent Wetherell II's Thursday evening decision means that the administration must wait two weeks before implementing that plan due to a judicial restraining order.

Florid Attorney General Ashley Moody had challenged the policy, asserting it was effectively the same approach as a policy Wetherell had already rejected in March, per the outlet.

Parole is process by which a migrant may receive a speedy release into the U.S. interior without receiving a court date to address their asylum claim. It is normally applied for emergency humanitarian reasons.

The ruling comes as the Title 42 immigration order is set to expire. The rule permitted border authorities to swiftly deport migrants should they hail from countries known to host communicable diseases.

The order's termination has generated fears of a major migration surge, with tens of thousands of would-be asylum seekers already arriving at the border.

Title 42 will expire at midnight.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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