Federal judge blocks Biden move to release migrants on ‘parole’ just ahead of Title 42 end

A federal judge in Florida blocked the Biden administration’s plan to release some migrants into the U.S. on “parole,” shortly before Title 42 expired at midnight Thursday.

U.S. District Judge T. Kent Wetherell, a nominee of former President Trump, granted Florida’s request for a temporary restraining order on the parole policy, finding that the policy is not substantially different from one that the same judge struck down in March.

“The Southwest Border has been out of control for the past 2 years,” Wetherell said in Thursday’s ruling. “And it is about to get worse because, at midnight tonight, the Title 42 Order expires.” 

Title 42, a pandemic-era policy that allowed for the rapid expulsion of migrants without permitting them to seek asylum, expired Thursday as the national COVID-19 public health emergency also officially came to an end.

The rule’s end is widely expected to result in a surge of migrants at the U.S.-Mexico border, with U.S. Customs and Border Protection preparing for up to 10,000 migrants a day.

Ahead of Thursday’s expiration, the chief of U.S. Border Patrol issued a memo outlining the administration’s plan to “temporarily parole certain noncitizens on a case-by-case basis for urgent humanitarian reasons or for significant public benefit.”

The policy requires paroled migrants who are released into the U.S. to schedule an appointment with U.S. Immigration and Customs Enforcement within 60 days.

However, Wetherell found that the new policy was not “materially different” from a previous parole policy that released migrants without court dates. 

Under the previous policy, migrants were enrolled in a program called Alternatives to Detention that required them to check in on a mobile app to eventually get a court date, according to NBC News.

“What DHS [Department of Homeland Security] cannot do is adopt a functionally identical policy as the one the Court vacated in the Florida decision and then expect a different outcome when that policy is challenged,” Wetherell added.

Biden officials on Friday said the Justice Department is expected to respond to the ruling shortly and noted that any migrant released into the U.S. must undergo security screening.

“We are concerned about the impact of the Florida litigation on our processing of individuals at the border and specifically our ability to process people quickly given the elevated encounter levels we are facing. It is important to note that, regardless of how we process non-citizens in our facilities, they all undergo rigorous public safety and national security vetting. Any individuals who pose a threat or have criminal records are referred to the appropriate authorities for detention,” Blas Nuñez-Neto, chief operating officer at U.S. Customs and Border Protection, said on a call Friday with reporters.

“The Department of Justice is closely reviewing that decision, and I think you will see additional steps in that litigation very soon.”

Rebecca Beitsch contributed. Updated at 1 p.m.