(CNN) — This Thursday night, a federal judge temporarily blocked one of the Biden administration’s key tools for managing the number of immigrants in U.S. Customs and Border Protection’s CBP custody.
The ruling comes before Title 42 expires, and administration officials say it could make their jobs more difficult amid an expected influx of migrants along the U.S.-Mexico border. Appeal pending.
Here’s what you need to know.
Policy on Emancipation of Migrants
The plan, unveiled Wednesday, would allow immigrants to be released from CBP custody without court dates or in some cases with conditions.
As the number of immigrants at the border increases, the Department of Homeland Security (DHS) said its plan will help ease the immense pressure on already overcrowded border facilities. As of Wednesday, the Border Patrol had more than 28,000 immigrants in custody, stretching capacity.
Previously, the Biden administration had released immigrants without court dates, after officials vetted and vetted the immigrant uprising. The plan would have allowed DHS to release immigrants on a “parole” basis on a case-by-case basis and require them to report to Immigration and Customs Enforcement (ICE).
Florida sued to halt the policy, and U.S. District Judge D. Kent Wetherell agreed to put the project on hold for two weeks.
Wetherell, an appointee of former President Donald Trump, said there is a shortage Explanation of management That’s why his policy was released Wednesday, a decision on Title 42 that has been expected for months. He added that the Biden administration simply wasn’t ready.
“Putting aside the fact that even President Biden recently acknowledged that there has been chaos at the border for years, the defendants’ doomsday rhetoric is hollow. Very typical in the last 2 years,” said the judge.
Wetherell added: “Furthermore, the Court sees no difference between what CBP would do under the challenged policy and what it insists it would do if the policy is barred, because in both cases, the aliens are released into the country on appearance. Without engaging in removal proceedings, with little or no investigation and Accelerated without monitoring.
How did the Biden administration react?
Homeland Security Secretary Alejandro Mayorgas spoke to “CNN This Morning” and said the ruling was “extremely damaging” and that the administration was considering its options.
“The practice that the court has stopped us from using (is) a practice that previous administrations have used to reduce overcrowding,” Mayorkas said. “What we do is screen and investigate people, and if we don’t detain them, we release them so they can go to immigration enforcement, make any requests for relief, and if they’re unsuccessful, they can be removed.” .
Blas Nuñez Neto, Assistant Secretary for Border Policy and Immigration, said the ruling would cause unsafe overcrowding at CBP facilities and undermine our ability to effectively process and remove immigrants, risking dangerous conditions for Border Patrol agents and non-citizens. In our custody.”
Wetherell’s ruling would block the policy for two weeks. A preliminary injunction hearing is scheduled for May 19.
The judge on Monday rejected the Justice Department’s request to stay the court order. The administration’s presentation over the weekend highlighted two separate rulings in the case, both related to the release of immigrants.
If the request is not granted, the Justice Department said it intends to seek emergency relief from the 11th Circuit.
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