WASHINGTON (TND) — The future of Title 42, the public health order that allows the U.S. to turn away asylum seekers at the southern border, is resting in the hands of a federal judge.
The decision by the Center for Disease Control and Prevention to end the controversial measure has received fierce pushback from Republicans and some Democrats who warn of a massive surge of migrants at the border.
Right now, it's set to expire on May 23 but nearly two dozen states have filed a lawsuit to keep the policy in place, which is being reviewed by a judge right now. The states argue that the federal government isn't taking into consideration the strain on state resources in its decision to lift the policy.
On Friday, a Louisiana federal judge heard arguments in the lawsuit while the temporary restraining order blocking President Joe Biden’s ability to lift the order remains in place. The judge says he will issue a final ruling before the policy is set to expire.
Mark Morgan, the former acting commissioner of U.S. Customs and Border Protection under President Donald Trump says the TRO is a good predictor of which way the judge is leaning.
“Although we don't know for sure how he's going to rule, I think that's a good indication,” Morgan said. “We are already in the middle of a catastrophic, unmitigated crisis on our southwest border. If Title 42 lifts, it'll just simply be like the Titanic crashing into the Hindenburg.”
As more migrants are moving through the border, Arizona officials announce the state will follow texas in busing migrants to Washington, D.C. in protest over the White House's immigration policies and border control.
Texas officials say they've sent 10 buses to the nation’s capital since last month in order to combat what Gov. Greg Abbott says is Biden's "ongoing failure to secure the border.”
“This administration inherited the most secure border in our lifetime and they have dismantled it. They have literally handed large areas of our southwest border over to the hands of the cartels,” Morgan said.
Rep. Chip Roy, R-Texas, has also introduced a bill that will suspend processing migrants at the border. He says it's in order to “achieve operational control.” Morgan says he applauds what Roy is trying to do.
“A lot of Americans do not understand fully that when you increase illegal immigration to the historic highs we have right now, you're pulling Border Patrol agents off their national security mission, leaving those large areas of border wide open. That's why drugs are pouring in, criminal aliens — that includes murderers, rapists and pedophiles — and increased our national security vulnerability.”
This week, Morgan signed on to a letter from a slew of mostly conservative organizations, including the Heritage Foundation and FAIR, outlining actions that Congress should take to address immigration. The measures suggested excluding amnesty of any type, reforming the asylum process, finishing the border wall and instituting prosecutorial reform.
As the midterms approach, Morgan says he’s hopeful that the proposed legislative fixes will come to fruition as the Republican party looks to shift the conversation from immigration reform to national security.
“Over a dozen former Trump officials from the Department of State, Department of Justice and Department of Homeland Security sign on to this,” Morgan said. “This is a roadmap for Capitol Hill. If they enact and pass these pieces of legislation, I guarantee you, they will be able to secure the southwest border.”
As the U.S. faces a baby formula shortage, photos of pallets showing formula at a border facility have sparked anger across the country.
The Washington Post reports that the Biden administration is just following requirements of the 1997 Flores Settlement, which stipulates that the government must provide food for migrant children in their care but it hasn’t stopped many who want to see the formula redistributed. Morgan says deterring illegal immigration is the best way to help the U.S. and the families who find themselves at these holding facilities.
“This is about border security. What I would do is continue to enact the policy we did in the Trump administration to deter — that's the most important thing we should be doing is deter migrants from illegally entering the country. The most inhumane thing that we can do for the migrants themselves is have open borders. What you don't hear about is that mothers are putting their children at risk trying to illegally enter,” Morgan said. “This is about deterrents, this is about securing our border. The most humane thing for them to do is not come here illegally.”