On Monday, three Republican states revealed that they had filed a lawsuit to stop Pres. Joe Biden’s administration from lifting the Title 42 public health order implemented to expel a majority of migrants at the U.S.-Mexico Border. In the lawsuit, they argued that dropping Title 42 was done unlawfully and that it would have a devastating impact on the states.
Arizona, Louisiana, and Missouri’s attorneys general are suing the current administration over the move to stop the implementation of Title 42 on May 23. The said policy was implemented during the administration of former Pres. Donald Trump back in March 2020 in an effort to fight the COVID-19 pandemic. It also allowed for the swift expulsion of migrants who went to the border.
The complaint reads: “This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe.”
According to Atty. Gen. Mark Brnovich of Arizona, during an appearance on “Fox & Friends,” he is “everything I can to hold the Biden administration accountable and stop them from destroying our southern border.”
Our office just filed another lawsuit against the Biden Administration – this time over the recent decision to rescind Title 42 during the historic border crisis at our southern border. https://t.co/2KE9Y2PusH
— Mark Brnovich (@GeneralBrnovich) April 4, 2022
On Friday, the Biden Administration has revealed that it would lift the order, despite many fearing a massive influx of migrants in the coming months. In February, 55% of the over 164,000 migrants at the border had been expelled because of the policy.
In a statement, the Centers for Disease Control and Prevention said: “After considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary”
Many activists and left-wing Democrats have been pushing for the Biden administration to lift the said policy for months, arguing that it is cruel and denies migrants due process. On the other hand, Republicans and some moderate Democrats have been wary of the move, saying that it could lead to even bigger numbers of migrants at the border.
On Friday, DHS Secretary Alejandro Mayorkas said that his department has “put in place a comprehensive, whole-of-government strategy to manage any potential increase in the number of migrants encountered at our border.”
Republican States File Lawsuit Against Biden Administration over Title 42 Lifting
The lawsuit made by the Republican states argues that the lifting of Title 42 by the current administration is bad policy and is in breach of the notice-and-comment requirements that the Administrative Procedure Act set out, along with being “arbitrary and capricious.” The said issues are also grounds for many other immigration policies being shot down.
The lawsuit was filed in a Louisiana U.S. District Court. It claims that the Biden administration failed to predict or account for the costs this move will make to the states. The suit cites “increased health care costs for aliens infected with COVID-19 and the cost of increased illegal immigration caused by the Termination Order, and the presence of much greater numbers of paroled aliens with non-meritorious asylum claims who were induced to enter the United States because of the Termination Order.”
Joe Biden is inflaming a crisis at the border. We’re fighting back. https://t.co/FlczMqqtX0
— Eric Schmitt (@Eric_Schmitt) April 4, 2022
In a statement, Brnovich said: “While it’s difficult to identify President Biden’s most irresponsible move since taking office, rescinding Title 42 is certainly up there … It’s a ridiculously poor decision with a bad intention for border states and American communities across the country. This administration’s reckless pandering to the far Left and complete abdication of its responsibility to public safety cannot be allowed to continue.”
This comes as the latest legal pushback done by Republican states in the courts in connection to the Biden administration’s policies. Recently, Arizona managed to secure a preliminary injunction, partially blocking the current administration’s use of married Immigration and Customs Enforcement guidance.
In 2021, the current administration was instructed to restore the Trump-era Remain-in-Mexico policy following a judge’s ruling that it had ended the said order unlawfully.
On Monday, Customs and Border Protection Commissioner Chris Magnus said: “We are doing everything we can to prepare for this increase, ensure we continue to process people humanely, and impose consequences on those who break the law. At the same time, we will continue to use all available resources to secure our borders. This includes the increased use of technology, on-ground monitoring, drones, and additional support personnel” to help Border Patrol agents.
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