Biden Currently Barred From Lifting Title 42 Before May 23

Under the Trump administration, Title 42 was put into effect.

Quite simply, Title 42 lets Border Patrol officials send illegal immigrants back to where they came from without hearing out any asylum claims. Even with this measure in effect, unlawful border crossings are still a very real problem.

Republicans and Democrats alike have urged the Biden administration not to do away with Title 42 unless there’s an appropriate program in place. However, the White House has been clear that it has every intention of ending this immigration policy.

As a result of this, Arizona, Louisiana, and Missouri filed a lawsuit to defend Title 42.

According to Fox News, a federal judge has since determined that Biden cannot end this immigration policy before Monday, May 23.

A Small Win For Commonsense Immigration Reform

Since the lawsuit from Arizona, Louisiana, and Missouri began, multiple other states have signed onto it as plaintiffs. They, too, are concerned about what the southern border will look like once Title 42 is gone.

The current temporary restraining order means Title 42 is safe until the 23rd. However, after that point, there are no guarantees.

When it comes to putting commonsense immigration reforms in place, the country still has a long way to go.

Already, Texas has started bussing illegal immigrants who enter the state to Washington DC so Biden and lawmakers can truly understand what’s happening at the southern border.

On Friday, May 13, another hearing on the matter of Title 42 is expected to take place.

Bad Timing For Democrats

With the midterm elections coming up, the Biden administration’s work to roll back Title 42 as soon as legally possible is not a good look.

Multiple Democrats, such as Texas Rep. Henry Cuellar, are against it. Cuellar has even gone as far as saying that Biden’s hurting the Democrat Party by refusing to let Title 42 remain in place until a substitute arrives.

His views are echoed by Sen. Kyrsten Sinema, an Arizona Democrat. Sinema has warned that removing Title 42, barring a replacement policy, will only bring new problems to the southern border.

Texas and Arizona are both border states that have been uniquely impacted by the flow of illegal immigration.

During a time when political polarization is so high, it truly speaks volumes that Republicans and Democrats are able to agree that ending Title 42 is a bad idea.


Given the opposition within the Democrat Party, it’s unclear why Biden is so determined to strike down this proposal. If Title 42 does eventually fall, it certainly won’t do the president’s approval ratings any favors.

What do you think about the temporary restraining order that’s keeping Title 42 in place until May 23? Do you believe the Biden administration will eventually end up removing Title 42, despite bipartisan opposition against this?

Please let us know your thoughts in the comments area.

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