A 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.
The ruling takes effect Thursday at 11:59 p.m. ET to coincide with the end of Title 42 – and will expire in 14 days.
The Biden administration is expected to appeal.
For 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.
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. As of Wednesday, there were more than 28,000 migrants in Border Patrol custody, stretching capacity.
The administration has previously released migrants without court dates when facing a surge of migrants after they’re screened and vetted by authorities. 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. Some individuals may also be placed in alternative to detention programs. Homeland Security Secretary Alejandro Mayorkas said Wednesday it would apply to a “fraction” of the people encountered.
Florida, 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.
A preliminary injunction hearing is scheduled for May 19, according to the order.
