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Tipsheet

Federal Judge Blocks Biden Admin From Releasing Illegal Migrants Without Court Dates As Title 42 Ends

AP Photo/Fernando Llano, File

A federal judge blocked the Biden Administration from executing a policy that allows for the release of illegal migrants without court dates – just mere hours away from Title 42 ending. 

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Judge T. Kent Wetherell II forced a two-week restraining order on the Biden Administration's open border policy, which would allow for migrants to be released on "parole with conditions." 

The blueprint for the policy was detailed in a Border Patrol memo released Thursday, which states that illegal migrants would be allowed into the U.S. on parole-- a process usually only reserved for "urgent humanitarian reasons or significant public benefit" if Customs and Border Protection (CBP) reaches capacity. The memo calls the practice "parole with conditions," as immigrants must make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.

Florida Attorney General Ashley Moody filed a lawsuit, calling the Biden Administration's response to a potential influx of migrants "unquestionably cynical." 

"Today is May 10, the day before the Title 42 order expires, and the media reports that DHS plans to immediately restart the en masse parole of aliens at the Southwest Border," Moody wrote in the filing, asking a federal judge to postpone the policies, which she argued are "unquestionably cynical, in bad faith, and contrary to both the Immigration and Nationality Act (INA) and the APA. It is also, unfortunately, consistent with the game of whack-a-mole DHS has been playing with Florida and this Court for almost two years."

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She criticized the administration for waiting until the last minute to "formulate the policy, particularly since they have known for quite some time that the Title 42 Order was going to expire tonight at midnight and that a surge of aliens would follow."

As Title 42 ends, the Biden Administration is preparing for an expected historic surge of illegal migrants to storm the border.

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