Federal judge says he will block CDC from lifting Title 42 migration rule

April 25 (UPI) -- A federal judge on Monday said he will rule to prevent the Biden administration from dropping an emergency order allowing the United States to expel migrants quickly under COVID-19 protocols.

In a one-page notice filed in Lafayette, La., U.S. District Judge Robert Summerhays indicated he has agreed to issue a temporary restraining order blocking the administration's planned May 23 lifting of the rule known as Title 42.

Summerhays, an appointee of former President Donald Trump, issued the notice in connection with a suit filed last week by 21 Republican-led states asking the court to immediately intervene to block the Biden administration from ending the public health rule.

The judge said he agreed to issue the restraining order after holding an online status conference on Monday between lawyers for the states and the Centers for Disease Control and Prevention.

The details of the order, however, remained unclear -- the notice said attorneys for the two sides "will confer regarding the specific terms to be contained" in the order "and attempt to reach agreement."

The CDC earlier this month announced its intentions to end the Trump-era rule on May 23, sparking immediate controversy as the Customs and Border Protection reported more than 221,000 encounters at the US-Mexico border in March.

The agency says it has arrested more than 1 million people since Oct. 1, including some repeat crossers.

Title 42, which was enacted in March 2020 by the Trump administration, has been used 1.7 million times to expel migrants. Many of them have been removed multiple times after making repeated attempts to enter the United States.

Department of Homeland Security officials have said they expect immigration authorities to have up to 18,000 encounters a day with immigrants at the border once Title 42 removals stop. The current average is about 6,000 encounters a day.

Republican state leaders reacted with joy at Summerhays' ruling.

"TRO GRANTED! Biden's plan to rescind Title 42 has been halted," Louisiana Attorney General Jeff Landry tweeted.

"This is a huge victory for border security, but the fight continues on," added Missouri Attorney General Eric Schmitt.

The CDC has the authority to enact orders like Title 42 under the 1944 Public Health Service Act, which gives federal officials the authority to stop the entry of people and products into the United States to limit the spread of communicable diseases.

Part of the reason the agency is planning to lift the order soon is that COVID-19 cases have been decreasing and vaccinations have become widely available.

The lawsuit, however, argues the Biden administration didn't follow the administrative procedure laws needed to halt Title 42 and contends states will have to pay for social services for the migrants who enter the country.