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A federal judge in Florida issued an order Thursday directing U.S. Border Patrol agents not to release immigrants without giving them formal notice to appear in immigration court.
Lee Gellert, lead attorney for the American Civil Liberties Union’s Title 42 lawsuit, said the order would not affect the expiration of pandemic-era Title 42 immigration restrictions.
But it could complicate Border Patrol’s efforts to control the number of immigrants entering the United States.
To expedite processing, border guards allowed some persons to be released without being given formal notice to appear. This takes time to prepare and can lead to overcrowding of Border Patrol facilities. But the Biden administration called it off after Florida challenged the earlier version.
After Border Patrol issued a revised policy this week, Florida resorted to court again to block his unannounced release, leading Thursday to issue a temporary restraining order.
In a statement, the Border Patrol said it was considering next steps in accordance with the court order.
“This is a harmful ruling that risks creating unsafe overcrowding at CBP facilities, compromising our ability to process and remove migrants efficiently, and creating unsafe conditions for border agents and migrants. The fact remains that Republican and Democratic administrations alike have used this power of parole to protect the safety and security of immigrants and the workforce when overcrowding occurred at facilities.”
Aaron Raichlin Melnick, policy director at the American Immigration Council, said he was concerned about the impact of the judge’s order.
“A major concern is overcrowding due to the fact that it takes two to three times longer per person to process court notices than it does to issue parole. is.”
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