Republican AGs throw possible wrench into lawsuit over Biden’s Title 42 decision

Jennie Taer, DCNF

UPDATE: This article has been updated to include comment from Missouri Attorney General Eric Schmitt.

Republican attorneys general from over 20 states filed a motion Thursday for a temporary restraining order in their lawsuit against the Centers for Disease Control and Prevention (CDC).

The states asked the court to require the complete implementation of Title 42 until the federal government complies with the Administrative Procedure Act, according to the motion.

“The Biden Administration has utterly failed at securing our Southern border, and their continual termination of successful programs like the Migrant Protection Protocols and Title 42 are worsening the ongoing border crisis,” Missouri Attorney General Eric Schmitt told the Daily Caller News Foundation. “If Title 42 is terminated, there will undoubtedly be a tsunami of illegal immigration that affects all states, including Missouri. Missouri, Arizona, and Louisiana have led the charge to keep Title 42 in place – if the Biden Administration won’t take proactive steps to secure the Southern border, we will.”

The plaintiffs sued the CDC on April 4 over its decision to end Title 42 on May 23, urging that it stay in place due to an expected migrant surge. The Trump-era public health order is responsible for the immediate expulsion of over 1.8 million people since March 2020.

“Defendants have started shifting to Title 8 removal in advance of the publicly announced May 23, 2022, date in the Title 42 Termination Order, which itself violated the Administrative Procedure Act and is the subject of this litigation,” the plaintiffs argued in the motion.

The states asked that the court require the Department of Homeland Security (DHS) “to report on its activities on an expedited basis so that the States can consider whether additional relief is appropriate to seek.” The states said DHS should submit a statement under oath by the end of the day on April 24 to explain what steps it has taken to terminate Title 42.

The states said they’re “substantially likely to prevail on the merits of their claims,” arguing that the order is what’s needed to “maintain the status quo and avoid substantial injuries” to their residents,” the motion read, adding “The public interest and balance of harms favor an order compelling Defendants to follow the law and their own announced policies.”

Neither the CDC, nor the White House immediately responded to requests for comment.

Doc 24 – States’ Motion for TRO by Daily Caller News Foundation on Scribd

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