Biden expected to be out of the country when Title 42 expires

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Biden to be overseas when Title 42 decision announced

Border Patrol union chief Brandon Judd sounds off on 'America Reports.'

If a Louisiana federal court does not hand down a ruling on the fate of Title 42, the public health order allowing for further expulsion of illegal immigrants would be set to expire May 23 -- when President Biden is on a formal trip to Asia.

Judge Robert Summerhays heard arguments Friday about the request by dozens of Republican-led states for a preliminary injunction on the White House's plan to end Title 42, and a ruling could come within days. 

The plaintiffs in the case fear removing Title 42 protections for border security will lead to an even worse border crisis.

In a recent interview, Border Patrol Council President Brandon Judd told Fox News he isn't surprised Biden won't be traveling to the border when he leaves on his trip later this week.

FEDERAL JUDGE EXPECTED TO RULE ON TITLE 42 WITHIN DAYS

Biden on AF1 (REUTERS/Jonathan Ernst)

"He constantly tries to deflect on what's going on at the border, and that's extremely disappointing because if he does not face-up and look at what the reality is, we're just going to continue in this situation," Judd told "America Reports."

"And it's not just going to [be] like we're going to continue right now… It's going to get worse, especially when Title 42 goes away. Once Title 42 goes completely away, we're in some serious trouble."

Judd went on to criticize the optics of Biden leaving the country at a time when the crisis at the border could be potentially made worse by his administration's actions.

Border patrol agents he represents are "frustrated" at the president and his Homeland Security chief Alejandro Mayorkas, Judd said, adding Biden seems to be pretending there is no problem.

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"If the mainstream media isn't going to cover it, he's going to pretend like it's not there because Fox News and a few other outlets continue to cover it… and because the American public is aware, his numbers have been upside down on border security since he took office," Judd said.

In the case being heard by Summerhays, the Biden administration – via the Justice Department – argued the Trump-era protections are no longer warranted at this stage in the pandemic, with Justice Department representative Jean Lin testifying that Title 42 is health policy, not an immigration measure.

DOJ lawyers said last week the CDC is within its authority to seek the rescission of the restriction.

Fox News' Adam Shaw contributed to this report.