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Federal judge says he’ll grant temporary restraining order blocking end of Title 42

The pandemic-related measure has been used more than 1.8 million times to deny entry to migrants.

Nohemi Guerra
Nohemi Guerra, 8, runs to her mother at Plaza de la República, a public square that’s now a tent camp in the Mexican border city of Reynosa. / Photo Credit: Juan Figueroa / Staff Photographer

By Dianne Solis

A federal judge in Louisiana said Monday he will issue a temporary restraining order blocking the May 23 ending of Title 42, the pandemic-related health order.

U.S. District Judge Robert R. Summerhays, an appointee of former President Donald Trump, said he plans to grant the motion brought by 21 states led by Republican governors. The judge said all parties “will confer regarding the specific terms to be contained” in the TRO and “attempt to reach agreement.”

No further details were available Monday evening on the planned TRO.

Title 42 has been used more than 1.8 million times since it was placed into effect in March 2020 by the Centers for Disease Control and Prevention. Advocates for immigrants say it denies migrants their legal right to ask for asylum. Both Republicans and Democrats, though, have criticized the lifting of the measure.

The Department of Justice didn’t immediately respond to a request for comment.

“I am so proud of the lawyers from our office who just got a Temporary Restraining Order to keep Title 42 in place,” tweeted Arizona Attorney General Mark Brnovich, whose state was a co-lead plaintiff in the suit. “We will continue to fight the Biden administration’s open border policies.”

The growing dispute comes amid rising migration. Last March, nearly 210,000 arriving migrants were encountered by Border Patrol. That was the highest such total since 2020.

The measure has also led to a high number of attempted repeat entries, U.S. Customs and Border Protection officials have said. In March, nearly 30 percent of those encountered by Border Patrol had made previous tries.

On Friday, the state of Texas filed a separate case in a Texas court also seeking to delay the May 23 ending.

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