On the evening of Thursday (May 11), a federal judge blocked the Biden administration from implementing a policy allowing migrants to be released without trial — just hours before Title 42 would end.
Judge T. Kent Wetherell II imposed a two-week restraining order against the Biden administration’s policy of releasing immigrants on conditional parole.
The policy had been explained in a Border Patrol memo earlier in the week, telling officials that when Customs and Border Protection (CBP) is overcrowded, migrants can be allowed into the U.S. on parole — a process usually reserved for “urgent humanitarian reasons or significant public benefit.”
The memo refers to the practice as “parole with conditions” because migrants will be required to schedule an appointment with Immigration and Customs Enforcement (ICE) or request a Notice to Appear by mail.
Paroled migrants will be rapidly released within U.S. borders without an alien registration number or a court date.
This type of parole will be allowed when the sector exceeds 125 percent capacity, agents arrest 7,000 people a day over 72 hours, or when the average detention time exceeds 60 hours.
Agents have been dealing with more than 10,000 migrants a day since Monday (May 8), and there aren’t any signs this will slow following the end of Title 42 when an even bigger wave is anticipated.
The Judge’s order comes in response to Florida’s Attorney General, Ashley Moody, Lawsuit requesting a temporary restraining order against the parole with conditions policy, arguing it is “materially identical” to a policy a federal judge blocked in March.
