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Missouri Attorney General Eric Schmidt said Monday that his office received a temporary restraining order blocking the Biden administration from lifting Title 42, a public health order that allows the federal government to quickly expel migrants from March 2020.
The Centers for Disease Control announced earlier this month that it would terminate Title 42 on May 23, saying the order “termination of the right to bring migrants into the United States is no longer necessary” due to “increased availability of tools to combat COVID -19. ”
The interim restraining order issued on Monday prevented the Biden administration from taking any action under Title 42 before a hearing on May 13, which will determine whether the public health order can be revoked later this month.
The lawsuit was originally filed by Missouri, Louisiana and Arizona in the U.S. District Court in Louisiana. Since then, several other states have joined the case.
The Border Patrol no longer uses Title 42 to expel some migrants from the Northern Triangle of Guatemala, Honduras and El Salvador, but instead handles them through Title 8 and expedited removal, Fox News reported last week.
“We welcome the Court’s approval of our request for an interim restraining order to keep Title 42 in force,” Arizona Attorney General Mark Bernovich said Monday. “The Biden administration cannot continue to ignore existing laws and the necessary administrative procedures.
The Biden administration’s announcement that it would end Title 42 has been criticized by both Republicans and Democrats amid a historic jump in migrant meetings at the southern border, which topped 221,000 in March.
The bipartisan problem-solving group shifted its weight behind a bill last week that would prevent the Biden administration from raising its share 42 to 60 days after the CDC formally repealed the COVID-19 public health emergency.
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Several Democratic senators support the accompanying legislation in the upper house.
“I warned the administration about this months and months ago and they still don’t have an adequate plan,” said Sen. Mark Kelly, D-Ariz. Fox News Digital earlier this month. “They say they are working on it. I guess we’ll be there by May 23, there probably won’t be an adequate plan, and if that’s the case, I don’t think we should raise the 42 “
Adam Shaw and Bill Melugin of Fox News contributed to this report.
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