Federal judge blocks Biden administration from lifting Title 42, for now

On May 20, 2022, a federal judge blocked the Biden administration from ending a Trump-era pandemic restriction, known as Title 42, at the US-Mexico border, thwarting plans to terminate the controversial public health authority.

Since taking office, the Biden Administration has continued to rely on Title 42, a public health authority invoked at the onset of the coronavirus pandemic that allows border officials to turn migrants away at the US-Mexico border.

On April 1, 2022, the US Centers for Disease Control and Prevention announced that it intended to terminate the order. The CDC said at the time it was no longer necessary given the reduction of Covid-19 cases increased availability of vaccines and treatments for Covid-19.  In response to this, the Louisiana Western District Court found that the Biden administration did not follow the correct administrative procedures in ending the authority and argued that while a President may invoke an action without administrative procedures under emergency conditions, those flexibilities may not apply with respect to terminating it.

The termination of Title 42, the judge concluded, is not exempt from the notice and comment process, which can potentially take months. The public health authority, which has been fiercely criticized by immigrant advocates, will remain in effect for now.

A Department of Justice spokesperson has stated that the department intends to appeal the decision.