A federal judge in Florida—who happens to be an appointee of former President Donald Trump—temporarily blocked the Biden administration late Thursday night from carrying out a recently implemented “parole” policy that would allow the temporary release of migrants who have crossed the southern border illegally.
The ruling from U.S. District Judge T. Kent Wetherell stands to inject a healthy dose of chaos into the country’s immigration system just as a COVID-era policy, called Title 42, was set to expire. That expiration date—midnight on Thursday, to be exact—has generated significant controversy as record numbers of migrants from across the world have shown up on America’s borders in the hopes of crossing before Title 42 is nullified.
The policy was originally implemented in 2020 by the Trump Administration on public health grounds, and made it much easier for authorities to turn people away at the border and eject them once inside. Title 42, however, did not include any penalty for repeated attempts.
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In response to Thursday’s expiration, the White House cooked up a “parole” system that would have prevented overcrowding in detention facilities by releasing migrants into the U.S. with the understanding that they must report to the Immigrations and Customs Enforcement Agency to begin the immigration process.
Because the new policy does include punishments for those entering the country repeatedly after deportation, throngs of migrants have flooded border crossings in recent days, overwhelming authorities tasked with processing the new arrivals.
Because of the mounting problems, the Biden administration argued strenuously that Wetherell leave its parole system in place, if only on an “emergency basis.”
“The Court should deny this request to limit the Executive’s authority to carry out a core Executive function, managing the border, particularly on an emergency basis without the benefit of full briefing on the eve of an expected dramatic increase in arrivals at the border,” the administration wrote, according to POLITICO.
Wetherell was not swayed by the argument, instead siding with the administration of Florida Gov. Ron DeSantis, which filed the initial challenge. It argued that the new policy flouted a federal law which required at least temporary detention for anyone who crosses the border illegally.
Immediately following the ruling, Secretary of Homeland Security Alejandro Mayorkas released a video message attempting to clarify the administration’s policy.
“Starting tonight, people who arrive at the border without using a lawful pathway will be presumed ineligible for asylum. We are ready to humanely process and remove people without a legal basis to remain in the U.S.,” he said.
“People who do not use available lawful pathways to enter the U.S. now face tougher consequences, including a minimum five-year ban on re-entry and potential criminal prosecution,” he added. “Do not believe the lies of smugglers. The border is not open.”
Within minutes, the American Civil Liberties Union and a host of immigration rights groups filed a lawsuit against the Biden Administration’s new policy—arguing that it “mimics two Trump-era policies,” which it contends were unconstitutional.
The White House is likely to seek an immediate stay from a higher court—though another hearing in Wetherell’s Pensacola court was also scheduled for May 19 on whether to extend his order.
