The Biden administration was on the verge of ending a public health body known as Title 42 on May 23, a decision that has been criticized by both Republicans and Democrats.
Monday’s order from Judge Robert Somerhace is unlikely to change the situation on the ground, given that the public health authority remains in place, but could throw a wrench in the administration’s plans to move forward.
More than 20 states have asked the court to block the administration from terminating Title 42, and last week asked the court to intervene immediately. The Ministry of Justice, which opposed the request, did not immediately respond to comment.
“The court discussed the request for an interim detention order [ECF No. 24] filed by the plaintiffs. For the reasons set out in the minutes, the court announced its intention to grant the request. The parties will discuss the specific conditions to be contained in the interim restraining order and will try to reach an agreement, “Somerhays wrote on Monday.
“We welcome the Court to approve our request for an interim restraining order to keep Title 42 in force,” Arizona Attorney General Mark Bernovich said in a statement. “The Biden administration cannot continue to ignore existing laws and the necessary administrative procedures.
“In a lawsuit originally filed by Missouri, Louisiana and Arizona, our service has just received a temporary restraining order to keep Title 42 in force. It’s a huge victory for border security, but the fight continues, “Missouri Attorney General Eric Schmidt tweeted Monday.
Texas has filed a separate lawsuit, which also seeks to block the end of Title 42. A federal judge in Texas has not yet ruled on the case.
This story has been updated with additional details.
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