A federal judge is pausing the Biden administration's effort To terminate the trump-era "remain in mexico" policy.
The so-called "Remain in Mexico" policy prevents migrants seeking asylum from waiting in the U.S. during that process.
The U.S. Supreme Court initially ruled President Joe Biden had the authority to get rid of it. But, it sent the case back to the lower court.
The judge ruled against the White House on a procedural level.
"Now the question is did they do it properly under the APA. There are notice provision, public comment provisions. There are specifically spelled out ways that you can enact policy under the Administrative Procedures Act,” Jennifer Rodgers, CNN Legal Analyst and Former Federal Prosecutor said.
This is all happening while Title 42 is scheduled to end next Wednesday. It largely bars asylum seeking at the southern border, citing public health.
Already, a senior border patrol official reports an influx in the El Paso sector.
19 GOP led states have asked an appeals court to keep Title 42 in place. They asked the panel to intervene no later than today.