A federal judge put the kibosh on the Biden administration’s plans to reopen the border to unauthorized migrants, ruling Friday that the president’s team cut too many corners when it decided to end the Title 42 policy.
Judge Robert Summerhays, a Trump appointee, said GOP-led states had shown they weren’t given a chance to weigh in on the Biden team’s decision, violating the Administrative Procedure Act.
“The Plaintiff States have demonstrated harm that will result from the Termination Order and that, despite the impact of the order on the states, they were not able to protect their interest by participating in the notice-and-comment process mandated by the APA,” the judge wrote.
His decision had been expected, and it is likely even a relief to some Democrats who had worried about their election prospects amid the wave of illegal immigration experts said would come if Title 42 ended.
But the ruling is a serious blow to President Biden, marking the latest of his immigration policies to fall victim to the Administrative Procedure Act, a federal law requiring careful decision-making by the Executive Branch.