Florida Governor Ron DeSantis and his administration have begun legal action to prevent former Vice President Joe Biden’s Department of Homeland Security (DHS) from allowing entry to illegal aliens in the event of large-scale border influxes. The case was submitted on Thursday, only hours before the expiration of Title 42 of the United States Code, which deals with public health crises and has been utilized to reinforce border control measures during the outbreak.
Thomas Kent Wetherell II, a federal court in Florida’s Northern District, issued an order delaying U.S. Border Patrol Chief Raul Ortiz’s “Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document.” Judge Wetherell decided that the TRO would take into effect at 11:59 p.m. Eastern Time because of the expiration of the Title 42 Order and the possibility that the defendants might seek an emergency stay from a higher court.
Wetherell based his call on a statement from Chief Ortiz, who described the challenges faced by the United States Border Patrol in keeping order in their overcrowded short-term holding facilities and upholding the rights of the noncitizens in their care. Governor’s communications director Taryn Fenske tweeted her support for the judge’s TRO ruling.
Furthermore, the federal government has suspended its parole release program for illegal immigrants while a legal issue plays out. In response to the lawsuit brought by Attorney General Ashley Moody on behalf of Governor Ron DeSantis, Judge Wetherell wrote to the Biden administration, urging them to adopt the policy before the expiration of the Title 42 Order.
The Department of Homeland Security (DHS) and the state government of Florida are in the middle of a judicial battle that highlights the complicated issues underlying U.S. immigration rules. What happens in court regarding this case will determine future immigration policy and how they are handled during times of crisis. Both sides have a lot riding on the outcome of this case, which could have far-reaching consequences for immigration enforcement in Florida and beyond.