Judge John Barker, the Trump appointee of the Eastern District of Texas, did not issue a preliminary injunction, but said he hopes the CDC will respect its ruling and withdraw the suspension.
But on Saturday night, the Justice Department appealed the case.
“The Department of Justice respects the objection raised by the District Court in Terkel v. CDC on February 25, that the CDC’s deportation order exceeds the powers of Congress granted by the Commercial Clauses and Necessary and Appropriate Clauses, and the US Department of Justice has Appeal the ruling,” said Brian Boynton, assistant to the attorney general of the Department of Civil Affairs, Ministry of Defense, in a statement.
“However, the decision does not go beyond the scope of the specific plaintiff, and does not prohibit the application of the CDC’s eviction order to other parties. The CDC’s eviction order is still valid for other landlords who rent out to cover-ups.”
The ruling marks a legal effort that began with a group of Texas landlords and property owners in October suing the Centers for Disease Control and Prevention and Health and Public for the “Deportation Suspension Order” issued by the Trump administration in September. The service department temporarily suspended the operation. Deported during the pandemic.
The CDC order was originally scheduled to expire at the end of December, but a provision in the second stimulus plan extended it to January. One of President Joe Biden’s first acts in office was to seek to extend the ban again until the end of March.
When the tenant signs a statement to the landlord that the tenant meets certain conditions, the order will be invoked-including an annual income of less than $100,000, a significant loss of income, and has done its best to find a rental assistant to pay their rent.
According to the order, the rent will not be cancelled or waived, and the landlord can evict the tenant after the payment is suspended, provided they cannot pay the rent in arrears.
This is a breakthrough story and will be updated.