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Immigration Law

Court: Trump/Biden/CDC Title 42 Border Blockade Enjoined

Huisha-Huisha v. Mayorkas, Sept. 16, 2021

"Upon careful consideration of the motions, the responses, and replies thereto, the applicable law, and the entire record, the Court GRANTS Plaintiffs’ Motion for Class Certification and GRANTS Plaintiffs’ Motion for Classwide Preliminary Injunction. ... Plaintiffs argue that the CDC Orders instituting the Title 42 Process exceed the authority granted by Congress pursuant to Section 265 because “[n]othing in [Section] 265, or Title 42 more generally, purports to authorize any deportations, much less deportations in violation of” statutory procedures and humanitarian protections, including the right to seek asylum. Pls.’ Mot. Prelim. Inj., ECF No. 57-1 at 17-18. The Court agrees and finds that Plaintiffs have shown that they are likely to succeed on the merits of their claim. ... The preliminary injunction shall be stayed for 14 days."