Federal judge blocks Biden admin from releasing migrants without court dates as Title 42 expires

A federal judge on Thursday evening blocked the Biden administration from implementing a policy that allows for the release of migrants without court dates – just hours away from the end of the Title 42 public health order.

Judge T. Kent Wetherell II imposed a two-week restraining order on the Biden administration policy with would see migrants released on “parole with conditions.” 

The policy was outlined in a Border Patrol memo, which says that migrants can be allowed into the country on parole — a process typically reserved for “urgent humanitarian reasons or significant public benefit” — if Customs and Border Protection (CBP) faces overcrowding. The memo calls the practice “parole with conditions” as migrants are required to make an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.

A U.S. Border Patrol agent talks with asylum-seekers waiting between the double fence along the U.S.-Mexico border near Tijuana, Mexico, Monday, May 8, 2023, in San Diego. The migrants wait between the fences to be processed by U.S. Border Patrol agents.  ((AP Photo/Denis Poroy))

Under a parole release, migrants are rapidly released into the country, do not get an alien registration number and do not receive a court date.  

Florida Attorney General Ashley Moody had sued, arguing the policy was “materially identical” to a “Parole + ATD” policy blocked by the same judge in March.

This is a breaking news story; check back for updates.

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