Florida Attorney General Ashley Moody has filed a lawsuit against the Biden administration in an attempt to block the implementation of an order that she alleges would "release aliens en masse" as Title 42 is set to expire late Thursday evening.
The emergency restraining order filed by Moody on Thursday argues that the new policy is "identical" to a policy enjoined by courts in March and would allow for the rapid release of immigrants into the United States.
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Moody details how this policy would only exacerbate releases of immigrants into the U.S. and would continue to be a burden on the state.
"As a result of DHS’s mismanagement of the border, over a million illegal aliens have been released into the interior of the United States. Well over 100,000 of those illegal aliens ended up in Florida, and the State has paid millions of dollars to provide public benefits to these aliens. Under the new parole policy announced by DHS tens of thousands more will be released and will likely make their way to Florida," the filing said.
The state requested the judge make a ruling on the motion for the emergency restraining order before midnight because Title 42 expires at 11:59 p.m. Thursday.
“Florida seeks a temporary restraining order to preserve the status quo until the parties can brief motions for a preliminary injunction or to postpone the effective date of the new policy. The Biden Administration’s behavior, if left unchecked, makes a mockery of our system of justice and our Constitution,” the filing said.
Moody had previously won a federal court case against the Biden administration regarding the "catch-and-release policy" for immigration on the southern border. The Florida attorney general now argues the Biden administration is attempting to circumvent the court order.
"The gall of Biden to thumb his nose at a federal court order and proceed with an unlawful plan to allow what amounts to an invasion at our Southwest Border is not only unprecedented, it is dangerous. We have blown the whistle on Biden every step along his path to illegally dismantle our nation’s border security system — and even as the clock ticks down to the end of Title 42, we are taking action to force this administration to follow the law, secure the border and protect the American people,” Moody said in a statement.
In response to the initial court order to issue a response by 4 p.m. on Thursday, lawyers for the Biden administration requested an extension for a response until 2 p.m. on Friday "to allow the government to submit a responsive pleading and appropriate declaration in support of its response."
The judge granted the Biden administration a one-hour extension, meaning a response is required by 5 p.m. He argued that the policy was likely being crafted prior to Wednesday and it "should have been preparing to defend the policy long before it was officially rolled out."
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Title 42 is a pandemic-era policy that allows for the rapid deportation of immigrants without an asylum hearing. It is expiring in accordance with the end of the public health emergency for COVID-19.
The end of Title 42 has created concern about an influx of immigrants crossing the border in response to the end of the rapid expulsion policy. Homeland Security Secretary Alejandro Mayorkas has rebutted those predictions by repeating claims the border is not open.