File video above: U.S. preps for rising migration when Title 42 ends

A federal judge on Tuesday blocked Title 42 — a controversial rule that's allowed U.S. authorities to expel more than 1 million migrants who crossed the U.S.-Mexico border.

Tuesday's court order leaves the Biden administration without one of the key tools it had deployed to address the thousands of migrants arriving at the border on a daily basis and could restore access to asylum for arriving migrants.

While the rule was drafted by the Trump administration during the COVID-19 pandemic, the Biden administration has relied heavily on it to manage the increase of migrants at the border.

District Judge Emmet Sullivan in Washington, D.C., found the Title 42 order to be "arbitrary and capricious in violation of the Administrative Procedure Act."

Prior to Title 42, all migrants arrested at the border were processed under immigration law. Thousands of migrants sent back to Mexico have been waiting along the border in shelters. Officials have previously raised concerns about what the end of Title 42 may portend, given limited resources and a high number of people trying to enter the country.

CNN has reached out to the White House, Justice Department and Department of Homeland Security for comment.

Sullivan faulted the U.S. Centers for Disease Control and Prevention, which issued the public health order, for "its decision to ignore the harm that could be caused" by issuing the policy. He said the CDC also failed to consider alternative approaches, such as letting migrants self-quarantine in homes of US-based friends, family, or shelters. The agency, he said, should have reexamined its approach when vaccines and tests became widely available.

"With regard to whether defendants could have 'ramped up vaccinations, outdoor processing, and all other available public health measures,'... the court finds the CDC failed to articulate a satisfactory explanation for why such measures were not feasible," Sullivan wrote.

The judge also concluded that the policy did not rationally serve its purpose, given that COVID-19 was already widespread throughout the United States when the policy was rolled out.

"Title 42 was never about public health, and this ruling finally ends the charade of using Title 42 to bar desperate asylum seekers from even getting a hearing," American Civil Liberties Union attorney Lee Gelernt, who argued the case, said in a statement.

The injunction request came from the ACLU, along with other immigrant advocacy groups, and involves all demographics, including single adults and families. Unaccompanied children were already exempt from the order.

The public health authority was invoked at the onset of the coronavirus pandemic and has been criticized by immigrant advocates, attorneys and health experts who argue it has no health basis and puts migrants in harm's way.

Sullivan had previously blocked the Biden administration from expelling migrant families with children apprehended at the US-Mexico border.

Earlier this year, the CDC announced plans to terminate the order. The CDC said at the time it's no longer necessary given current public health conditions and the increased availability of vaccines and treatments for COVID-19.

But in May, a federal judge in Louisiana blocked the Biden administration from ending Title 42.

Since that court order, the administration has continued to rely on Title 42 and most recently, expanding it to include Venezuelan migrants who have arrived at the US southern border in large numbers.

President Joe Biden and Transportation Secretary Pete Buttigieg on Monday will announce a proposal for a new rule that would examine mandating airlines to compensate and cover expenses for customers facing "controllable airline cancellations" or delays, according to a White House official."When an airline causes a flight cancellation or delay, passengers should not foot the bill," Buttigieg said in a statement. "This rule would, for the first time in US history, propose to require airlines to compensate passengers and cover expenses such as meals, hotels, and rebooking in cases where the airline has caused a cancellation or significant delay."Biden and Buttigieg will also announce that the department is launching an expanded Airline Customer Service Dashboard at FlightRights.gov, which shows which airlines "offer cash compensation, provide travel credits or vouchers, or award frequent flyer miles and cover the costs for other amenities," according to the official.No airlines currently provide cash compensation for preventable cancellations or delays, just one airline company guarantees frequent flyer miles, and two provide travel credits and vouchers, according to the official. Mandates for such compensation policies already exist in Canada and the European Union, the official added.The proposed rule would also establish what constitutes a "controllable cancellation or delay."The proposal from the Biden administration comes as Buttigieg fends off criticism over a chain of flight cancellations at the end of last year and beginning of this year, as well as what Buttigieg himself has called an "uptick in serious close calls" between planes landing and taking off.Amid last summer's flight cancellations, Buttigieg called CEOs of the 10 largest airline companies and pressed them on stress testing their schedule and improving customer service. He put pressure on the CEOs in a letter, saying he would publish charts showing which airlines guaranteed which forms of compensation for canceled or delayed flights. Seven of those airlines -- including Southwest -- changed their policies before they were posted, and two followed suit soon after.Ten airlines now guarantee meals, with nine guaranteeing hotel accommodations, when a delay or cancellation is the airlines, fault, according to the DOT.