EL PASO, Texas (KTSM) — A line of tents can be seen stretched along the Rio Grande in Ciudad Juarez across from Downtown El Paso.

Border Patrol agents continue to process migrants as a steady flow comes across the river the day after a federal judge struck down Title 42, the public health order that allows border patrol to expel migrants from certain countries back to Mexico.

However, on Wednesday a court granted a temporary stay order giving the Biden Administration 5 weeks to continue with the expulsion of migrants.

In court documents signed by Judge Emmet G. Sullivan, it says “the Court, WITH GREAT RELUCTANCE, grants the request”. Title 42 will be lifted at midnight on December 21, 2022.

The Department of Homeland Security issued a statement after the court granted that temporary stay.

“Today, the court granted a stay of the court’s order vacating the CDC’s Title 42 public health order. Title 42 will remain in place during the period of the stay, allowing the government to prepare for a transition and to continue to manage the border in a safe, orderly, and humane way.”

Department of Homeland Security

Border Patrol allowing KTSM 9 News brief access to the area where migrants are currently crossing the Rio Grande.

However, migrants still subject to Title 42 can still be seen camping on the Mexican side where a large Venezuelan flag flies, frustrated over the back and forth with Title 42.


“Well let’s see because if they have us in a difficult wait, we’re fighting against the weather and time. because we really need to cross; we want to cross because we come with the idea from Venezuela we have at least already two months and ten days since the journey we started in Venezuela,” said Jose Correa from Venezuela.

Another woman says more migrants set out their way for the border after Title 42 was struck down, to find out it was still in place for five more weeks.

“They didn’t give them time for the people that were on their way,” said the woman who was standing next to the tents on the Mexican side of the river.

She was asked what she plans to do.


“I’d wait because you never know what’s going to happen on the other side,” she said.

Meanwhile, the City of El Paso says the Federal Government still owes the City of El Paso $7 million for the last quarter as well as a request for $3 million in advanced funds.

“The Federal Government has also asked us to open up our welcome center again, we have advised them that we would be willing to open up our welcome center if they pay us in advance for the reopening of the welcome center,” said Laura Cruz-Acosta a Spokesperson for the City of El Paso.

Mayor Oscar Leeser sent a statement on Wednesday regarding Title 42.

“We have remained in daily discussions with the Border Patrol, CBP and all our partners on the migrant influx since the most recent surge began. Those conversations have continued and will now include an assessment on yesterday’s decision on Title 42 and the possible scenarios we might see as a result of it, including a coordinated response in which we treat individuals as we would like to be treated, while following the law, and in the best interest of the citizens of El Paso.”

Mayor Oscar Leeser

As we reported El Paso migrant shelters are at capacity and last week U.S. Customs and Border Protection released migrants on the streets due to capacity issues.