On May 23 the Biden administration was on track to end its so-called Public Health Authority, chapter 42, which was criticized by both Republicans and Democrats.
Judge Robert Summerhase’s Monday’s ruling that the public health authority is in place is unlikely to change the situation on the ground, but it could throw a wedge into the administration’s forward plans.
More than 20 states have asked the court to stay the administration from completing Chapter 42, and last week asked the court to intervene immediately. The judiciary, which opposed the request, did not immediately respond to a request for comment.
“The court discussed the motion for a temporary injunction [ECF No. 24] Filed by plaintiffs. For the reasons stated in the register, the court declared the intent to grant the petition. The parties will provide specific terms and conditions for the suspension order and for attempts to reach an agreement, “Summerhaus wrote Monday.
“We commend the court for accepting our request for a temporary injunction to keep Title 42,” Arizona Attorney General Mark Bronovich said in a statement. “Biden management cannot blatantly ignore existing laws and required administrative procedures.”
“In a case originally filed by Missouri, Louisiana and Arizona, our office has obtained a temporary injunction to keep Title 42. This is a huge victory for border security, but the fight continues,” Missouri Attorney General Eric Schmidt tweeted Monday.
Texas also filed a separate lawsuit seeking to have the decision of Title 42 overturned. A federal judge in Texas has not yet ruled on the case.
This story has been updated with more details.
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