A lawsuit spearheaded by Florida Governor Ron DeSantis‘ administration yielded a decisive victory on Thursday, as a federal judge ruled against a Biden administration policy that would have allowed for the release of illegal aliens into the U.S.
The policy was intended to address situations in which border officials were overcapacity and struggling to manage large influxes of individuals.
Judge Thomas Kent Wetherell II of the U.S. District Court for the Northern District of Florida issued the significant ruling mere hours before the expiration of Title 42.
This section of the U.S. Code, addressing public health emergencies, had been utilized during the pandemic to aid U.S. officials in maintaining better operational control of the border.
“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),’” Judge Wetherell decreed. “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 memorandum mentioned by Wetherell was authored by U.S. Border Patrol Chief Raul Ortiz on Wednesday. Ortiz’s memo underscored the need for the U.S. Border Patrol to ascertain if processing personnel and resources are essential to handle other noncitizens in custody or to perform enforcement actions that directly contribute to border security and public benefit.
Ortiz also highlighted the mounting challenges faced by the U.S. Border Patrol as short-term holding conditions become overcrowded.
Issues related to sanitation, medical needs, and mental health of noncitizens, among other custody standard considerations, he pointed out, are increasingly difficult to manage.
Celebrating the legal triumph, DeSantis’ communications director Taryn Fenske announced via Twitter, “@govrondesantis & @ashleymoody beat Biden, again! SUES Feds and is GRANTED a temporary restraining order on illegal immigrant parole release policy.”
Earlier on Thursday, Judge Wetherell had addressed the Biden administration, demanding a response to the lawsuit brought forth by Florida’s attorney general, Ashley Moody.
In his written statement, Wetherell expressed disbelief at the administration’s delay in formulating the policy in question.
He wrote, “It is inconceivable that [the Biden administration] waited until yesterday to formulate this policy, particularly since they have known for quite some time that the Title 42 Order was going to expire tonight.”
