The temporary restraining order was issued by District Judge T. Kent Wetherell II and will take effect at 11:59 p.m. EDT Thursday.
A Florida federal judge on Thursday night temporarily blocked the Biden administration from releasing migrants into the US without notices to appear in court, arguing that the controversial new policy is similar to one struck down earlier this year.
Thousands of migrants were already believed to have been released from Border Patrol custody on Thursday under the Biden administration’s new directive to simply start releasing asylum seekers, without giving them court dates to plead their cases or any ability to track where in the country they are.
Florida Attorney General Ashley Moody sued the Biden administration on Thursday arguing that a memo issued by Border Patrol Chief Raul Ortiz on Wednesday titled “Policy on Parole with Conditions in Limited Circumstances Prior to the Issuance of a Charging Document ” was a “materially identical” policy to Parole+ATD.
Wetherell indicated that “Florida has a substantial likelihood of success” in challenging the Biden administration’s plan to mass release migrants “because the challenged policy appears to be materially indistinguishable from the Parole+ATD policy vacated in Florida — both in its purpose and manner of operation .”
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