A Border Patrol agent instructs migrants who had crossed the Rio Grande River into Eagle Pass, Texas, on Friday.
In a ruling issued Friday afternoon, Louisiana-based U.S. District Judge Robert Summerhays said that the Biden administration’s attempt to end the Title 42 policy was in error because it did not comply with the Administrative Procedure Act. The program was set to be lifted Monday, May 23. The APA governs the way regulations are made and how much input the public has.
The judge’s ruling comes after 24 states sued to stop the administration from ending the policy. Aside from the provisions of the APA, the states also argued they would suffer irreparable harm should the policy end because of the influx of migrants they would allegedly receive. Summerhays agreed the states showed that proof.
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