A federal judge said Monday he will temporarily block the Biden Administration's decision to end Title 42 border restrictions, which allow U.S. border agents to rapidly expel or turn away migrants due to Covid-19 health risks.

Migrants Cross From Mexico Into U.S. Near Ciudad Juarez

On March 17, 2021, migrants from Mexico will enter the United States at Ciudad Juarez.

John Moore/Getty Images

The parties to a lawsuit seeking to keep Title 42 in place will confer before agreeing on exact terms for a temporary restraining, according to a filing Monday by the Western District of Louisiana Judge Robert R. Summerhays.

It is not known what the terms of the temporary restraining order will be, or whether it will interfere with the administration's self-imposed May 23 deadline to repeal Title 42.

The Department of Homeland Security has used Title 42 to expel nearly 100,000 migrants per month since the beginning of the year.

Alabama, Arizona, Florida and Texas are some of the 21 Republican-led states asking Summerhays to stop the administration from ending Title 42.

Title 42 of the U.S. Code gives the surgeon general the power to stop immigration from certain places. The Trump Administration used this rule to close the door to migrants and asylum seekers, often expelling them from the U.S.-Mexico border within hours of their arrest, a policy the Biden Administration has yet to overturn. Title 42 prevents migrants who fled persecution in their home countries from exercising their legal right to seek asylum in the U.S., though supporters like Texas Gov. Homeland Security Secretary Alejandro Mayorkas told CNN that the administration has a well developed plan for ending the rule, but it was being kept secret because of the threat of drug traffickers. The Attorney General of Texas filed a lawsuit in the Southern District of Texas to stop the repeal of Title 42.

Big Number

1.7 million people. Customs and Border Protection says how many expulsions have been carried out under Title 42 since it was first imposed in March 2020. Many migrants attempt to cross the border multiple times, so the number of people impacted by Title 42 is likely smaller.

Texas is trying to block Biden from ending Title 42 border restriction.