The federal judge who blocked President Joe Biden's immigration plan to release some migrants into the U.S. on "parole" on Tuesday rebuked the Department of Homeland Security for releasing 2,567 illegal immigrants after he issued the order and demanded the department track where the migrants went.
"It was the court's expectation and intention that no aliens would be released under the authority of the Parole with Conditions policy after the [temporary restraining order] went into effect because, in the court's mind, the policy is still being 'implemented' when the alien is released from custody, irrespective of when the alien's processing was 'fully completed,'" he said in a ruling.
U.S. District Judge T. Kent Wetherell, last week blocked the federal government from releasing some asylum-seekers under Biden's post-Title 42 plans.
U.S. officials earlier this week said number of migrants encountered at the southern border fell 50% during the last three days compared with the days leading up to the end of a key pandemic-era regulation, U.S. officials said Monday.
But a high number of migrants are still in U.S. custody, although the number has fallen "significantly" since last week, said Blas Nunez-Neto, assistant secretary for border and immigration policy at the Department of Homeland Security.
The ability of U.S. Border Patrol to hold migrants has been a key concern as more migrants came to the border in the days leading up to the end of immigration restrictions linked to the pandemic, referred to as Title 42. The administration is facing a lawsuit aimed at curtailing its ability to release migrants from custody even when facilities are over capacity.
At one point last week, more than 27,000 migrants were in custody along the border, a number that may top 45,000 by the end of May if the powers to more quickly release migrants from custody when facilities are over capacity are curtailed, said Matthew Hudak, deputy Border Patrol chief, in a court filing last week related to the lawsuit.
Information from The Associated Press was used in this report.