Title 42, the pandemic-era public health rule that restricts immigration, is set to end Monday
DHS has already said it could face up to 18,000 migrant encounters along the southern border per day once Title 42 expires
Currently DHS is operating on $1.4 billion appropriated from Congress is planning to pull funding from other parts of the agency to handle the influx
DHS says it would need an additional $1.2B in funds if border crossings reach 10,000 per day, $1.6B for 14,000 crossings a day and $2B for 18,000 per day
More than 1.9 million people have been expelled under Title 42 since April 2020, most of them under the Biden administration
Agents encountered 234,000 unlawful crossings in April, a new record high, and about 41 percent of the encounters ended in a Title 42 expulsion
About 97,000 were expelled under Title 42 and 110,000 were released into the U.S., according to Biden administration data
A Louisiana federal judge on Friday temporarily blocked the Biden administration from ending Title 42, the CDC public health order border agents rely on to turn migrants away. Judge Robert Summerhays, a Trump appointee in the Western District of Louisiana, granted a preliminary injunction on the Biden administration’s move to end the restriction on Monday in response to lawsuits from two dozen Republican states, led by Arizona, Louisiana and Missouri. Summerhays had said he would rule on the matter before Monday. The states claim the Centers for Disease Control and Prevention is violating the Administrative Procedures Act because they did not provide a notice-and-comment period for the plan to lift Title 42. The law also bars moves deemed ‘arbitrary and capricious.’ The states claim that the Biden administration failed to account for the added cost to them of more migrants being allowed in. The Biden administration stressed in its arguments that the CDC has the authority to end Title 42 because it is a public health order, not an immigration order. White House Press Secretary Karine Jean-Pierre said the administration ‘disagrees’ with the ruling, and said the executive had the prerogative to end the program. ‘The Administration disagrees with the court’s ruling, and the Department of Justice has announced that it will appeal this decision. The authority to set public health policy nationally should rest with the Centers for Disease Control, not with a single district court,’ she said.