A lawsuit brought by Florida Governor Ron DeSantis‘ administration on Thursday against the Biden administration has stopped Biden’s Department of Homeland Security from being able to release illegal aliens into the U.S. if officials at the border are unable to deal with large influxes of people because they are overcapacity.
Judge Thomas Kent Wetherell II of the U.S. District Court for the Northern District of Florida issued the ruling with just a few hours before Title 42 was set to expire.
“DHS is enjoined from implementing or enforcing the parole policy contained in the May 10, 2023, Memorandum from U.S. Border Patrol Chief Raul Ortiz, titled ‘Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document (Parole with Conditions),’” Wetherell ruled. “This TRO will take effect at 11:59 p.m. eastern time to correspond with the expiration of the Title 42 Order and to give Defendants an opportunity to seek an emergency stay from a higher court.”
The memo cited by Wetherell was written by U.S. Border Patrol Chief Raul Ortiz on Wednesday and said that the U.S. Border Patrol needed to “consider whether processing personnel and resources are necessary to process other noncitizens in BP custody or accomplish enforcement actions that are immediately critical to border security for the greater public benefit.”
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“As short-term holding conditions become more crowded, USBP faces increasing challenges regarding maintenance of sanitation, medical needs and mental health of noncitizens, among other short-term custody standard considerations,” he added.
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