The Department of Justice appealed the decision, which is unlikely to be lifted by Monday. The White House disagrees with the decision and will comply with the court's order, according to the press secretary.
As the appeal proceeds, the Department of Homeland Security will continue planning for the eventual lifting of Title 42 in light of the CDC's public health judgment, at which point anyone who attempts to enter the country unlawfully will be subject to Title 8 Expedited removal proceedings.
The reaction inside the West Wing was mixed, with some Biden aides breathing a sigh of relief.
The situation at the southern border had become a political mess for the White House with Republicans playing up the possibility of a massive influx of migrants crossing from Mexico into the United States. Some Democrats questioned the White House's decision to end the policy, arguing that the nation's immigration system would not be ready to handle the influx.
The authority to set policy should be within the CDC, not the courts, according to the White House. The administration's appeal of the decision to overturn the mask mandate on public transportation was to preserve the power to reimplement such measures if the swine flu worsened.
If Title 42 were to be overturned, the resulting flood of migrants could create a Republican talking point, which Biden aides felt they had been placed in a no-win situation. Leaving it in place could make it harder for immigration activists and Democrats to believe in the idea that asylum seekers should be allowed in.
Biden put an end to Trump-era deportation policies, such as Title 42. After taking office, he kept the policy in place.
Republicans were happy with the court's decision.
The court made the right decision to keep Title 42 in place. John Barrasso, chair of the Senate Republican Conference, said in a statement that ending Title 42 would be a disaster. Border patrol agents are overwhelmed by illegal immigrants crossing the border. The President was warned many times not to end Title 42. He ignored the warnings.
The administration was accused of not having a plan in place to deal with a surge at the border after the CDC announced its intent to lift the restrictions. Arizonans have paid the price for Washington's failure to plan ahead and secure the border, according to Sen. Mark Kelly, one of the Democrats who has hammered the White House for not having a post-Title 42 game plan.
There is a crisis at the border and there must be a plan in place before Title 42 is lifted. Kelly said in a statement that he would hold the administration accountable for a humane border response.
The Summerhays ruling was a blow for immigration advocates and some Democrats who have been pressing the administration to abandon the policy.
The Congressional Hispanic Caucus said the ruling was outrageous and ridiculous and that lawmakers must pass immigration reform.
Today's federal court ruling on Title 42 is ridiculous and erodes our asylum system. Title 42 is a public health emergency policy. It isn't a way to manage the border. Title 42 denies asylum seekers their legal rights under American law and goes against international humanitarian standards and values.
Lee Gelernt, deputy director of the American Civil Liberties Union's Immigrants' Rights Project and lead attorney in the Title 42 lawsuits in Washington, D.C., said that another court order puts some limits on Summerhays' ruling.
A three-judge panel in the D.C. Circuit Court unanimously ruled that the CDC could use Title 42 to expel migrant families but not back to danger without giving them the chance to apply for protection against persecution and torture. The D.C. Circuit Court's order will prevent Title 42 from being used to expel migrant families to persecution or to torture, even though the Louisiana court stopped it from lifting on Monday.
The report was contributed to by Krista Mahr and Marianne Levine.
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