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

 May 12, 2023

On Thursday evening, just hours away from the end of the Title 42 public health order, a federal judge blocked the Biden administration from implementing a policy that allows for the release of migrants without court dates. Judge T. Kent Wetherell II, imposed a two-week restraining order on the Biden administration policy which would allow migrants released on "parole with conditions."

This is in an effort to keep the Biden administration from side-stepping the process of giving these illegal immigrants some form of identification and a date to return to court for a hearing on their asylum claims. It essentially prevents them from having to rely on themselves to do so, once they have just passed over the border and are lost into the interior of the nation.

By way of history, earlier this week, Customs and Border Protection (CBP), who encountered more than 10,000 illegal migrants, at the U.S. southern Mexico border, for the third day in a row, sought to find a way to expedite the rapid release of these migrants into the country. As such, the head of U.S. Border Patrol had sent out a memo authorizing the release of illegal migrants into the U.S. without court dates if agents face overcrowding. This would-be action, is the response by the Biden administration, as it scrambles to deal with a historic surge in migration at the border ahead of the end of Title 42.

Reportedly, the memo said basically, that migrants would be allowed into the country on a form of parole, a process typically reserved for "urgent humanitarian reasons or significant public benefit". The memo calls the practice "parole with conditions" . This process would be authorized “if a sector capacity goes above 125%, if agents apprehend 7,000 a day over 72 hours or if the average time in custody goes above 60 hours.”

The process would require migrants, of their own volition, to make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail. This essentially would allow them to be subject to their own conscience to follow through. Under this circumstance, migrants would rapidly be released into the country, without an alien registration number and without receiving a court date. 

How likely is that to actually occur? How many illegal migrants who have been processed so far, actually show up for their hearings? There is no incentive to come forward and take the chance of deportation after living here and enjoying the benefits provided after months and years of life in the U.S.

Ashley Moody, Florida Attorney General had sued, arguing the policy was "materially identical" to a "Parole + ATD" policy blocked by the same judge in March. So for at least the next two weeks, CPB is dis-allowed from using this additional loophole to just let these illegal migrants pass over the border.

With critics arguing it is not supposed to be used to wave in thousands of migrants, this use of “parole” is legally questionable. As such, the state of Florida successfully sued the Biden administration in March, blocking a similar policy, called "Parole + ATD."

On Thursday, Fox Digital reported that –

Florida sued this week over the latest plan to release migrants into the U.S. interior, saying it is "materially identical" to the policy that the federal court enjoined.

"Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to postpone the effective date of the new policy," the lawsuit states. "The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution."

The judge has given the Biden administration a 4 p.m. deadline Thursday to respond to the request for a temporary restraining order, adding that it appears the administration is "preparing to flout" the court’s order.

-Fox News Digital

All this continues to transpire while the White House reiterates that the U.S.  southern border is not open, as end of Title 42 becomes reality. How absolutely ludicrous and abominable all at the same time! This socialist left progressive administration has committed a national assault on legal American citizens of epic proportion. Joe Biden, his White House handlers, his family, the Democratic left and the swamp machine that supports them - has a lot to answer for – now and in 2024.

“Part of the problem is there are people in Washington, D.C. in positions of power to whom the border is just a nuisance, and I think some of them believe that illegal immigration is a moral good. It is not. It undermines legal immigration.”

-John Kennedy
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