A federal judge in Louisiana said on Monday that he intends to rule that US authorities cannot immediately proceed with plans to lift pandemic restrictions that empowered US agents at the Mexico border to turn back migrants without giving them a chance to seek asylum.

Reuters reported that the US District Judge Robert Summerhays stated his intention after a hearing in a case brought by 21 states against the administration of President Joe Biden. The judge said both sides would confer regarding the specific terms of a temporary restraining order and would attempt to reach agreement.

The ruling would upend a decision by the US Centers for Disease Control and Prevention (CDC) to terminate the so-called Title 42 border order by May 23. Title 42 allows US authorities to rapidly expel migrants, including asylum seekers, to Mexico and other countries to avoid overcrowding in border stations that could exacerbate the spread of Covid-19.