Missouri, Arizona and Louisiana sue Biden administration for rescinding Title 42

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Missouri Attorney General Eric Schmitt, Arizona Attorney General Mark Brnovich, and Louisiana Attorney General Jeff Landry are suing the Biden Administration for rescinding the public health policy, Title 42, during the worst border crisis in decades. The revocation will result in an unprecedented crisis at the United States southern border that will have a devastating impact not just on border states but across the country.

“Missouri, Arizona, and Louisiana filed suit against the Biden Administration for rescinding Title 42 amid one of the worst border crises in this country’s history. Title 42 is a crucial tool for controlling the influx of illegal aliens at our Southern border,” said Attorney General Schmitt. “Time and again, the Biden Administration has failed to act to secure our Southern border and have terminated successful programs like Title 42 and the ‘Remain in Mexico’ Policy. Missouri has been a leader in pushing back on the Biden Administration’s failure at the border, and we filed suit against the cancellation of the ‘Remain in Mexico’ Policy and also filed suit to force the Biden Administration to build the Southwest border wall. If the Biden Administration won’t take proactive steps to secure our border and protect our citizenry, we certainly will.”

On Friday, the Centers for Disease and Control (CDC) announced it will terminate the Title 42 public health policy that allows border officials to turn away migrants because of the COVID-19 pandemic. The policy has been in effect since March 2020 and has been used by both the Trump and Biden Administrations to turn away thousands of migrants to try and keep communicable diseases, like COVID-19, out of the country.

The Attorneys General argues revoking the policy violates the Administrative Procedure Act (APA) as it is arbitrary and capricious, and the Biden Administration did not conduct the statutorily required notice and comment process.

Revoking Title 42 will create an unprecedented surge at the southern border and it will overwhelm law enforcement agencies and non-governmental organizations as well. The U.S. Department of Homeland Security, (DHS), estimates getting rid of Title 42 will result in as many as 18,000 migrants per day – which could mean 540,000 migrants in a single month.

The lawsuit states, “Missouri is directly and adversely affected by increases in illegal immigration at the southern border. Based on recent statistics, approximately 56 out of every 1,000 unlawful aliens who enter the United States end up residing in Missouri… Missouri is also a destination state and hub for human-trafficking crimes within the United States, due to its situation at the confluence of several major interstate highways. Such crimes disproportionately afflict illegal aliens, and these crimes (and other crimes committed by illegal aliens) impose irreparable law-enforcement and criminal-justice costs on Missouri.”

Missouri, Louisiana, and Arizona are asking the Western District Court of Louisiana to force the Biden Administration to keep Title 42 in place until it conducts the required notice and comment period required under the Administrative Procedure Act (APA) and adopts a policy that is not arbitrary and capricious.

Missouri has been a leader in fighting to secure the border. Missouri and Texas filed suit against the Biden Administration for rescinding the Migrant Protection Protocols, or the “Remain in Mexico” Policy. The Office obtained a permanent injunction and successfully defended that injunction at the 5th Circuit Court of Appeals and the United States Supreme Court. Further, Missouri and Texas also filed suit to require the Biden Administration to continue construction on the Southwest border wall using previously appropriated funds by Congress.

The complaint can be found at this link.

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