Federal Judge Says Border Patrol Can't Forgo Release Notices to Ease Backups

Experts say that the order will not affect the expiration date of Title 42 immigration restrictions imposed during the pandemic. It could complicate the efforts to control how many migrants enter the United States.

On Thursday, a federal judge in Florida ordered the U.S. Border Patrol to not release any migrants before giving them notices of their appearance in immigration court.

Lee Gelernt said that the order did not affect the expiration date of Title 42 immigration restrictions imposed during the pandemic era. Gelernt is the lead attorney for the American Civil Liberties Union in Title 42 litigation.

It could also complicate Border Patrol efforts to control the number of migrants crossing into the United States.

Border Patrol allowed for some people to be released before they were given an official notice to appear. This can take time to plan and can lead to overcrowding at Border Patrol facilities. After Florida challenged a previous version, Biden's administration stopped.

Florida went back to court after the Border Patrol revised its policy and tried to stop any release without notices of appearance. This led to the temporary restraining orders issued on Thursday.

The Border Patrol issued a statement in which it said that they will follow the court's order and are evaluating the next steps.

This is a damaging ruling which will lead to unsafe overcrowding in C.B.P. This ruling will undermine our ability to process and remove immigrants efficiently and create dangerous conditions for Border Patrol Agents and migrants. It is a fact that both Republican and Democratic Administrations have used the parole authority when there has been overcrowding in Border Patrol facilities to protect workers and migrants.

Aaron Reichlin Melnick, the policy director of the American Immigration Council said that he was concerned about the impact of the judge’s order.

The biggest fear is that there will be too many people in the prison because it takes 2-3 times as long to process an appearance notice versus granting parole.