Texas Attorney General Ken Paxton is challenging the Biden administration for its decision to repeal Title 42’s public health order. He claims that the rule prevents a “devastating flooding of illegal immigration.”
This lawsuit is the latest legal challenge by Republican states against the administration’s decision to end Title 42. It alleges that the Biden administration failed the Administrative Procedure Act’s notice and comment requirements and didn’t consider the consequences of ending Title 42.
The complaint states that defendants are now seeking to repeal Title 42’s border-control measures. These rules are the only ones keeping back a massive illegal immigration wave. They tried to revoke Title 42, but they didn’t follow the Administrative Procedure Act (APA).
The Biden administration had announced that it would lift the order in May earlier this month. Title 42, which was established in March 2020 to combat the COVID-19 pandemic, allows for rapid expulsion of migrants crossing the border.
Republicans and Democrats expressed concern that Title 42 would lead to an influx of migrants at border, which will be greater than the current high number. This has been acknowledged by the Administration. However, the administration has stated that it is a public order and not a border policy. The Centers for Disease Control (CDC), however, cannot use it for border-related purposes.
Paxton, in an interview with Fox News Digital said that the Biden administration’s different approaches to the border compared to other aspects of COVID-19 violated the “arbitrary & capricious” legal test.
Paxton stated, “We are… arguing against the change in light of all they’re doing to restrict Americans, such as fighting to keep the mask mandates on planes or pushing ahead on their vaccine mandates.” They have a totally different view of COVID when it comes to illegal immigrants. They don’t seem to be at all concerned.”
Texas and the border states of other border states already face massive border problems. In March, Texas was home to more than 221,000 migrants. This number is expected to increase in April.
“We already have a huge influx of illegals. Paxton stated that this was the only way to keep it from getting worse. We must do everything we can to stop the border crisis expanding, as the Biden administration clearly wants.
This is Paxton’s latest legal push to Title 42 and immigration by other Republican states. Paxton won several legal battles including an end to a deportation moratorium that was planned last year. He also continued to fight for the reinstatement of the Migrant Protection Protocols. This case will be heard before the Supreme Court next Wednesday.
Paxton stated that the border crisis has increased crime and resulted in higher taxes for Texans to pay for education, health care, and law enforcement.
Lawmakers support bipartisan border measures to expand Title 42Video
Paxton stated that there has been a significant increase in drug overdoses in Texas and across the country. “Cartels are gaining more power through the Biden administration’s partnership with them, let’s just say it’s an partnership.”
Republicans are optimistic about their ability to challenge the Title 42 rollback, given that Biden’s successful challenges of his immigration-related policies were also based on the APA.
Texas is represented by the Immigration Reform Law Institute (IRLI), which is the legal arm for the Federation for American Immigration Reform. It said that if Title 42 is not repealed, the already massive and insurmountable number of illegal border crossingers would likely double, making it even more severe.
Dale Wilcox (executive director and general counsel at IRLI) stated in a statement that “the legal grounds we present for enjoining termination are sound”
This lawsuit is distinct from the 21-state complaint that was filed by Arizona, Louisiana, and Missouri earlier in this month. It called lifting Title 42 a self-inflicted disaster.