GOP states sue Biden admin over plan to rescind Title 42 border policy, likely open migrant floodgates

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(Video Credit: Fox News)

Attorneys general from three conservative states announced on Monday that they intend to sue in an effort to stop the Biden administration from lifting former President Donald Trump’s Title 42 public health order, claiming it is unlawful and will open the floodgates at the border to illegal immigrants.

“We want to stop the Biden administration from rescinding Title 42 because it may be one of the most boneheaded decisions of this administration, and they have done a lot of dumb things,” Arizona Attorney General Mark Brnovich bluntly stated on “Fox & Friends” Monday.  “I’m doing everything I can to hold the Biden administration accountable and stop them from destroying our southern border.”

“While it’s difficult to identify President Biden’s most irresponsible move since taking office, rescinding Title 42 is certainly up there,” Brnovich remarked in a statement. “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.”

“Today, 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,” proclaimed Missouri Attorney General Eric Schmitt in a statement.

“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,” he added.

The attorneys general of Arizona, Louisiana, and Missouri are behind the lawsuit. They assert that the move would be catastrophic and have a devastating impact on states. The policy was originally implemented in response to the pandemic but has had the added benefit of keeping hordes of illegal immigrants from swarming the border.

“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 attorneys general argued. “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.”

“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,” the lawsuit contends.

Friday, the Biden administration announced that it would put an end to Title 42 which has the potential to explode the numbers of migrants illegally coming across the southern border. In February, a reported 55 percent of 164,000 illegal immigrants were turned away thanks to Title 42. Once it is removed, there is reportedly almost nothing in place to stop a continuous wave of illegal aliens from crossing the border. Title 42 has resulted in over 1.7 million migrant expulsions, according to the Border Patrol.

“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,” the Centers for Disease Control and Prevention proclaimed in a statement.

The left is celebrating the development but Republicans and a number of Democrats have warned of catastrophic consequences for border states if the order is rescinded in May. The Biden administration concedes that lifting the order will result in an “influx” of migrants.

DHS Secretary Alejandro Mayorkas declared on Friday that DHS has “put in place a comprehensive, whole-of-government strategy to manage any potential increase in the number of migrants encountered at our border,” according to Fox News.

“We are increasing our capacity to process new arrivals, evaluate asylum requests, and quickly remove those who do not qualify for protection,” he asserted via a statement. “We will increase personnel and resources as needed and have already redeployed more than 600 law enforcement officers to the border. We are referring smugglers and certain border crossers for criminal prosecution. Over the next two months, we are putting in place additional, appropriate COVID-19 protocols, including ramping up our vaccination program.”

The pending lawsuit argues that the lifting of Title 42 is in breach of the notice-and-comment requirements as defined by the Administrative Procedure Act (APA) and is “arbitrary and capricious.”

The suit was filed in Louisiana and contends that the Biden administration did not take into account the costs to the involved states. It 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.”


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