Arizona, Louisiana and Missouri To Sue Biden Admin to Keep Title 42 in Place Amid Ongoing Migrant Surge

Title 42
80 migrants, mostly Hondurans, live in the Good Samaritan shelter in Ciudad Juárez, after they were expelled from the United States under title 42. Juárez, Chihuahua, Mexico March 20, 2021. File photo: David Peinado Romero, Shutter Stock, licensed.

WASHINGTON, D.C. – With the deadline for the Biden Administration’s lifting of the Title 42 heath order – originally implemented by the Trump Administration as a means of repelling migrants attempting to enter the U.S. southern border during the COVID-19 pandemic – three Republican states have filed a lawsuit that claims the impending cessation of the order was not done legally and will be incredibly detrimental to residents of border states..

Title 42 is a clause of the 1944 Public Health Services Law that the Trump Administration began using in March 2020 to rapidly expel migrants from the United States during the pandemic due to possible “introduction of communicable diseases.”

The attorneys general of Arizona, Louisiana and Missouri are suing to prevent the May 23 end date of Title 42, claiming that the result will be a “catastrophe” due to the Biden Admin’s “disastrous border policies” that have reportedly seen hundreds of thousands of migrants illegally attempting to cross the southern border each 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 complaint read.


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The Centers for Disease Control and Prevention (CDC) announced in a statement Friday that they would be ending Title 42 on May 23 because the prevalence of COVID-19 vaccines, testing kits, and other medical supplies have finally gotten the pandemic under control.

“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 CDC said.

Arizona Attorney General Mark Brnovich said Monday morning on “FOX & Friends” that the decision to rescind Title 42 – which was reportedly responsible for expelling approximately 55 percent of the 164,000 migrants encountered at the border in February – a “boneheaded” decision.

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,” Brnovich said. “I’m doing everything I can to hold the Biden administration accountable and stop them from destroying our southern border.”


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