More Than 20 States Have Taken Legal Action Against Joe Biden In An Attempt To Stop The Current Administration’s “Reckless” Cancellation Of The Title 42 Public Health Order

Photo Source: nytimes.com

According to the lawsuit, the administration took shortcuts and failed to adequately defend its decision to repeal Title 42. More states are challenging the Biden administration for rescinding the Title 42 public health order, which permits for the quick expulsion of migrants owing to the COVID-19 outbreak.

Louisiana, Arizona, and Missouri were the initial plaintiffs in the action, but a new amended complaint filed Thursday in the United States District Court for the Western District of Louisiana adds 18 more states as plaintiffs. “The Biden Administration’s border policies are a nightmare for our country and our citizens’ safety,” said Florida Attorney General Ashley Moody, whose state is one of the latest entrants to the case.

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President Biden’s move to lift Title 42 was dubbed “reckless” by Moody. “Every day, I will battle to safeguard Floridians from his disastrous leadership,” Moody stated. According to reports, the Department of Homeland Security (DHS) is preparing for up to 18,000 migrants every day. The Senate’s Homeland Security Committee is planning a hearing on the Biden administration’s intention to abolish Title 42 in May, despite bipartisan opposition and warnings from Republicans on the committee of a “unconscionable” migrant influx.

The Centers for Disease Control and Prevention (CDC) said this week that the public health order, which has been in effect since March 2020 to expedite the deportation of the bulk of migrants at the border owing to the COVID-19 epidemic, will be lifted on May 23. It has sparked fears among Republicans and Democrats of a massive migrant flow in the coming months – something the administration has admitted, since it has been prepared for up to 18,000 migrants per day and has openly stated that it expects a migrant influx.

Republicans on the Homeland Security Committee sought a hearing on Title 42 and other border security rules, including a recent asylum rule that would allow for faster processing, in a letter to Chairman Gary Peters. “Both of these choices will surely result in an influx of migrants at our southern border. It’s unclear whether the Biden administration has any measures in place to deal effectively with the predicted rise in illegal immigration this spring and summer as a result of these policy decisions “According to the letter, which was acquired first by Fox News Digital.

Sens. Ron Johnson, R-Wis., Rob Portman, R-Ohio, James Lankford, R-Oklahoma, Rand Paul, R-Ky., Rick Scott, R-Fla., Josh Hawley, R-Mo., and Mitt Romney, R-Utah are among the signatories to the letter. “Border Patrol officers are apparently forecasting a flood of illegal immigration that would lead to as many as 18,000 apprehensions per day,” they write, citing the Biden administration’s suspension of Title 42 border regulations.

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“This rise in illegal immigration is deplorable, and it’s uncertain whether or how an already overburdened CBP will be able to respond safely and efficiently to this anticipated influx.” According to a Democratic committee staffer, Chairman Peters is already arranging a hearing on border security problems in the coming weeks in response to that letter.

Attorney General Merrick Garland, Homeland Security Secretary Alejandro Mayorkas, and CDC Director Rochelle Walensky – as well as the heads of Customs and Border Protection, Immigration and Customs Enforcement, and US Citizenship and Immigration Services – have all requested to be called as witnesses at the hearing. They claim that “the Biden administration’s policies are directly contributing to the unprecedented amounts of illegal immigration.” “Administration officials must explain the reasons for their decisions to the American people, as well as their strategies for dealing with the repercussions of their actions.”

The decision to hold a hearing on the topic has been met with strong opposition from both Democrats and Republicans. Republican states have filed a lawsuit to prevent the injunction from being lifted. Meanwhile, legislators filed a bipartisan bill on Thursday that would prolong Title 42 by at least 60 days and compel the Department of Homeland Security to submit a strategy for dealing with a post-Title 42 migrant inflow. Sens. Mark Kelly, D-Ariz., Kyrsten Sinema, D-Ariz., Jon Tester, D-Mont., Joe Manchin, D-W.Va., and Maggie Hassan, D-N.H. are among the Democrats who have signed on to the bill.

The latest lawsuit adds, “This suit confronts an impending, man-made, self-inflicted calamity: the abrupt removal of the single safety valve stopping this Administration’s terrible border policies from devolving into unmitigated chaos and tragedy.” Even several Democratic senators have spoken out against the administration’s intention to eliminate Title 42 on May 23, according to the lawsuit, citing Sen. Joe Manchin, D-W.Va., who termed it a “frightening move.”

The government is accused of breaking the Administrative Procedure Act (APA) by neglecting to go through the required notice and comment period before implementing the change, according to the lawsuit. They further claim that the decision was arbitrary and capricious, in violation of the APA.

While the decision to withdraw Title 42 is “expressly dependent on the ‘rapid decline’ of COVID-19 cases,” the complaint claims that the administration has taken no action to reflect this. The mask requirement for air travel remains in place, and vaccine requirements have not been abolished or reduced, according to the lawsuit.

According to the complaint, “the Title 42 Revocation stands as a stark outlier—seemingly the only COVID-19-based limitation the Administration feels proper to eliminate.” The government argues they do not need to go through the typical notice and comment procedure because of “good cause,” according to the complaint, since the CDC believes they do not have time for notice and comment, as well as a foreign affairs exception.

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