McALLEN, Texas (Border Report) — Arizona and the non-border states of Missouri and Louisiana have filed a lawsuit against the federal government for its plans to lift Title 42 at the end of May.
Title 42 is a decades-old public health law that the Trump administration revised in March 2020 along the nation’s borders to prevent the spread of coronavirus from crossing into the United States.
Migrant advocates contend it has unfairly kept out asylum-seekers. And last week, the Biden administration announced it was lifting Title 42 on May 23.
This week, Missouri Attorney General Eric Schmitt, Arizona Attorney General Mark Brnovich, and Louisiana Attorney General Jeff Landry announced they are suing the Biden administration for rescinding Title 42. They argue revoking the policy violates the Administrative Procedure Act and is “arbitrary and capricious.” And they claim the Biden administration did not conduct the statutorily required notice and commenting process.
The lawsuit is filed in the Western District Court of Louisiana against President Joe Biden and several federal agencies including the Centers for Disease Control, U.S. Department of Health and Human Services, Department of Homeland Security and Justice Department.
Schmitt says the Southwestern border currently is undergoing “the worst border crises in this country’s history. Title 42 is a crucial tool for controlling the influx.”
Missouri, along with the state of Texas, last year also sued the Biden administration to force the reimplementation of the Migrant Protection Protocols program, also known as “Remain in Mexico,” which forces asylum-seekers to wait south of the border during their U.S. immigration proceedings.
“Time and again, the Biden administration has failed to act to secure our Southern border and have terminated successful programs like Title 42 and the ‘Remain in Mexico’ Policy. Missouri has been a leader in pushing back on the Biden administration’s failure at the border, and we filed suit against the cancellation of the ‘Remain in Mexico’ Policy and also filed suit to force the Biden administration to build the Southwest border wall. If the Biden administration won’t take proactive steps to secure our border and protect our citizenry, we certainly will,” Schmitt said in a statement.
Texas Gov. Greg Abbott on Wednesday is scheduled to hold a border security briefing in Weslaco, Texas, where he is expected to discuss how lifting Title 42 will affect the Lone Star State and its border with Mexico.