Judge’s halt of Title 42 repeal gets Biden admin, Dems out of tricky political situation

A judge’s decision Friday to issue a preliminary injunction on attempts by the Biden administration to end the Title 42 public health order may end up getting the Biden administration — along with moderate Democrats in tough re-election races — out of a tricky political situation.

Judge Robert Summerhays temporarily blocked the Center for Disease Control’s move to end the public health order — which has been used since March 2020 to expel a majority of migrants at the southern border due to the COVID-19 pandemic. It was due to expire on Monday.

FEDERAL JUDGE BLOCKS BIDEN ADMIN FROM ENDING TITLE 42 BORDER EXPULSIONS

He sided with Republican arguments that the order was lifted in violation of the Administrative Procedures Act (APA), and that it would hurt the states by increasing costs related to healthcare, driving licenses and education. He said it would also increase migrant numbers at the border.

“The Plaintiff States have demonstrated that the Termination Order will affect their “quasi-sovereign” interests based on its impact on their healthcare systems and their interest in the health and welfare of their citizens,” he said.

The move marks another legal defeat on immigration for the Biden administration. However, the move also pours cold water, for now, on a dicey political issue that had seen a number of Democrats criticizing the administration, and Republicans smelling blood in the water as a potential new migrant surge loomed over the horizon.

The Biden administration had repeatedly said that Title 42 is a public health order, not a border security order, and therefore the decision to lift must be made on public health grounds only.

The CDC had said that “after considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the…