Federal judge blocks Biden admin from releasing migrants without court dates as Title 42 expires

Written By Sara Carter  |  feed, sara-carter  |  0 Comments

Original article HERE

Reprinted from Sara Carter's news page.

Breaking late Thursday night, just hours before Title 42 was set to expire, federal judge Judge T. Kent Wetherell II “blocked the Biden administration from implementing a policy that allows for the release of migrants without court dates – just hours away from the end of the Title 42 public health order” reports Fox News.


Judge T. Kent Wetherell II imposed a two-week restraining order on the Biden administration policy, which would see migrants released on “parole with conditions.”

The parole policy was outlined in a Border Patrol memo this week, which says that migrants can be allowed into the country on parole — a process typically reserved for “urgent humanitarian reasons or significant public benefit” — if Customs and Border Protection (CBP) faces overcrowding. The memo calls the practice “parole with conditions” as migrants are required to make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.

“For the past 7 days, USBP has averaged over 8,750 encounters per day. This is over double the average daily encounters of 4,284 in May of 2019, the highest month of the 2019 surge. Even with significant personnel along the SWB, a significant detention capacity, and interagency resources supporting the effort, this situation requires urgent action,” the memo stated.

Under a parole release, migrants are rapidly released into the country, do not get an alien registration number and do not receive a court date. Florida Attorney General Ashley Moody had sued after media reports emerged of the planned releases, arguing the policy was “materially identical” to a “Parole + ATD” policy blocked by the same judge in March. Judge Wetherell agreed with that assessment in his order.

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Moody, in a statement late Thursday, said the lifting of Title 42 “presents an unprecedented crisis at our nation’s Southwest Border.”


“The Biden administration did absolutely nothing to prepare for that crisis. Then, just yesterday, it issued the Parole with Conditions mass release policy, which is virtually identical to the policy a federal judge already invalidated. These actions demonstrate a striking combination of incompetence and bad faith. I am pleased that a federal court understood the situation and acted appropriately,” she said.

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