James Lankford speaks on border security and Title 42 during a press conference at the US Capitol in Washington, DC, on Thurdsay. Homeland Security Secretary Alejandro Mayorkas said Wednesday it would apply to a “fraction” of the people encountered.įlorida, which has previously taken issue with the release of migrants from custody, filed an emergency motion Thursday asking the court to temporarily block the administration’s plan.Ī preliminary injunction hearing is scheduled for May 19, according to the order. Some individuals may also be placed in alternative to detention programs. The latest move would have released migrants on “parole” on a case-by-case basis and require them to check in with Immigration and Customs Enforcement.
The administration has previously released migrants without court dates when facing a surge of migrants after they’re screened and vetted by authorities. As of Wednesday, there were more than 28,000 migrants in Border Patrol custody, stretching capacity. The Biden administration had been preparing to release migrants who are apprehended at the US-Mexico border without court dates amid high border arrests and immense strain on border facilities, according to the Department of Homeland Security. The Biden administration is expected to appeal.įor now, the ruling takes away one of the administration’s key tools in attempting to manage the number of migrants in US Customs and Border Protection custody - in some cases, by releasing them from custody with conditions. US border facilities are not equipped to hold people for extended periods of time. ET to coincide with the end of Title 42 – and will expire in 14 days. The ruling takes effect Thursday at 11:59 p.m. Homeland Security Secretary Alejandro Mayorkas has warned Title 8 would carry “more severe” consequences for migrants found to be entering the country without a legal basis.Ī federal judge in Florida has temporarily blocked the Biden administration from releasing migrants from Border Patrol custody without court notices, according to a late Thursday court filing.
#Texas emergency declaration code
Once Title 42 lifts, the US government will return to a decades-old section of the US code known as Title 8, which allows for migrants to seek asylum, which can be a lengthy and drawn out process that begins with a credible fear screening by asylum officers before migrants’ cases progress through the immigration court system. But Title 42 also carried almost no legal consequences for migrants crossing, meaning if they were pushed back, they could try to cross again multiple times. Title 42 allowed border authorities to swiftly turn away migrants encountered at the US-Mexico border, often depriving migrants of the chance to claim asylum and dramatically cutting down on border processing time. ET, meaning the Trump-era pandemic public health restrictions are no longer in place. Title 42 officially expired at 11:59 p.m.
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