President Joe Biden’s administration is facing a new lawsuit seeking to block its decision to end Title 42.
Title 42 is a health order that was implemented by the Centers for Disease Control and Prevention (CDC) in 2020 that allowed for migrants to be expelled at the border in an effort to limit the spread of COVID-19.
On April 1, the CDC announced that it would end the order.
However, Texas Attorney General Ken Paxton (R) filed a lawsuit Friday that seeks to prevent the administration from ending the order over concerns that it would lead to a massive surge of migrants crossing the border.
The lawsuit states, “The Biden Administration’s disastrous open border policies and its confusing and haphazard COVID-19 response have combined to create a humanitarian and public safety crisis on our southern border.”
“The Defendants now seek to eliminate their Title 42 border-control measures, which are the only rules holding back a devastating flood of illegal immigration. But they failed to follow the Administrative Procedure Act in attempting this destructive rescission of Title 42,” it continued.
The filing argued:
“Without justification or concern for Texans, the Defendants unlawfully disregarded the APA’s notice-and-comment requirements, refused to consider numerous factors of crucial importance to their rulemaking, and laid bare the incoherence of their decision-making.”
Finally, the lawsuit said, “The State of Texas respectfully requests preliminary and permanent injunctive relief to block Defendants’ termination of Title 42.”
In a tweet on Sunday, Paxton wrote, “Biden’s repeal of Title 42 is going to be a complete disaster for Texas [and] the whole nation. It’s one of the Dems’ most destructive decisions so far—and that’s really saying something.”
“I’ll use all my power to ensure the floodgates of illegal aliens doesn’t explode open—again,” he added.
Biden’s repeal of Title 42 is going to be a complete disaster for Texas & the whole nation. It’s one of the Dems’ most destructive decisions so far—and that’s really saying something. I’ll use all my power to ensure the floodgates of illegal aliens doesn’t explode open—again. https://t.co/umYuEQpu3h
— Attorney General Ken Paxton (@KenPaxtonTX) April 24, 2022
When it announced the end of Title 42, the CDC said in a statement, “In consultation with the Department of Homeland Security (DHS), this termination will be implemented on May 23, 2022, to enable DHS time to implement appropriate COVID-19 mitigation protocols, such as scaling up a program to provide COVID-19 vaccinations to migrants and prepare for resumption of regular migration under Title 8.”
“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,” it added.
According to CNN, the Department of Homeland Security estimates that in a worst-case scenario, there could be 18,000 migrants per day attempting to cross the border after the order is lifted.
Several Democrats have also raised concerns about the decision. Nevada Gov. Steve Sisolak (D) said in a letter to Biden that the move would lead to a “humanitarian crisis” at the border.
Additionally, Homeland Security Secretary Alejandro Mayorkas has reportedly privately shared concerns about ending Title 42 with members of Congress.