Democrats need to think long and hard about this decision.
Judge Robert Summerhays on Friday made a preliminary decision that would block the Center for Disease Control from ending Title 42 temporarily. The public health order has been in place since March 2020 and has allowed for the expulsion of immigrants seeking to enter across the southern border because of COVID-19. The order is due to expire on Monday.
Judge Summerhays has now sided with Republicans by saying that if the order is lifted it would be done so in by violating the Administrative Procedures Act (APA). This would in turn lead to increased costs for healthcare, driving licenses, and education in many states. The number of migrants at the border would also be likely to increase.
“The Plaintiff States have demonstrated that the Termination Order will affect their “quasi-sovereign” interests based on its impact on their healthcare systems and their interest in the health and welfare of their citizens,” he said.
This is a temporary defeat for the Biden administration, which has maintained that Title 42 is a public health order and not a border security one. Thus, lifting it has to do with public health.
The CDC stated that “after considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary.”
However, Republicans and even some Democrats have warned that this move could lead to an increase in illegal migrants at the borders as more people might be released into the U.S.
The Republican party members have also said that any surge in migration would be linked to the Biden administration’s decision to lift the order.
“This decision is wrong and will invite a lawless surge of illegal border crossings to enrich human traffickers and overwhelm our Border Patrol,” House Republican Leader Kevin McCarthy stated to Fox News Digital. “This will inflict suffering, pain, and tragedy throughout our country.”