“In sum, the Plaintiff States have demonstrated that the Termination Order will affect their ‘quasi-sovereign’ interests based on its impact on their healthcare systems and their interest in the health and welfare of their citizens.”
A federal judge temporarily blocked President Joe Biden from ending Title 42:
Judge Robert Summerhays, in the Western District of Louisiana, granted a preliminary injunction on the Biden administration’s plan to end the order on May 23. It was in response to a lawsuit by two dozen Republican states, led by Arizona, Louisiana and Missouri.
“Today’s ruling is a significant win as Title 42 is one of the few policies that is actually working,” said Arizona Attorney General Mark Brnovich. “I’m grateful to the court for upholding the rule of law and helping maintain some level of sanity as we continue to battle the Biden-made border crisis.”
Title 42 has been in place since March 2020. The government has used it to “expel a majority of migrants at the southern border due to the COVID-19 pandemic.”
Officials and residents, from both parties, have come out against lifting Title 42 because of the influx of migrants.
The government cannot handle the numerous migrants crossing the border every day. Any increase would stretch and limit resources even more.
Republicans alleged that the administration violated the Administrative Procedures Act if it lifted Title 42:
The Republican lawsuit, seeking the injunction, claimed the lifting of the order violated the Administrative Procedures Act, which requires a notice-and-comment period and also bars moves deemed “arbitrary and capricious.”
The lawsuit claims the administration failed to estimate or account for the costs to the states. They cite “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.”
“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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Summerhays, in his order, said that the record supports the states’ position “that the Termination Order will result in increased border crossings and that, based on the government’s estimates, the increase may be as high as three-fold.” He also agreed with states that lifting Title 42 will increase costs on healthcare and education – and said the government did not dispute that claim.
“In sum, the Plaintiff States have demonstrated that the Termination Order will affect their ‘quasi-sovereign’ interests based on its impact on their healthcare systems and their interest in the health and welfare of their citizens,” he said.
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