Three Republican states announced on Monday that they had filed suit against the Biden Admin. 's decision to repeal the CDC's border/public health order, Title 42, used to expel illegal aliens at the southern border immediately. The Attorneys General of Arizona, Louisiana, and Missouri stated that the policy's repeal was enacted unlawfully and will have a devastating impact on their communities.
The states' lawsuit read, "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."
Arizona Attorney General Mark Brnovich said Monday morning on "FOX & Friends:"
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. I'm doing everything I can to hold the Biden administration accountable and stop them from destroying our southern border.
In February, about 55% of the 164,000 illegal border crossers were expelled under Title 42. Yet, despite this and knowledge of an unavoidable border surge, the Biden Admin. decided last Friday to end the public health order. "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," said the CDC.
Open-border activists and progressive Democrats have been calling for the Biden Admin. to end Title 42 for months, launching the erroneous arguments that the program denied aliens due process protections and was cruel. Yet Republicans and many moderate Democrats have warned that lifting the order will undoubtedly lead to even more significant numbers of apprehensions at the border. This fact is even known to the Biden Admin. who stated that their decision would lead to an "influx" of aliens rushing the border.
To try to alleviate this additional surge, DHS Secretary Mayorkas claimed that the 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." However, administration documents obtained exclusively by Breitbart News show that the Biden Admin. 's strategy offers 'broadscale release mechanisms' for aliens apprehended at the border.
The States' lawsuit argues that the removal of Title 42 endangers the citizens of their states and breaks the 'notice-and-comment' requirements set forth by the Administrative Procedure Act, and is thus "arbitrary and capricious."
Fox News reports:
The lawsuit, filed in a U.S. District Court in Louisiana, claims that 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."
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