Three States Push Back After Title 42 End Announcement

Three States Push Back After Title 42 End Announcement

( – Three states announced on April 4 they will fight the suspension of Title 42 by the Centers for Disease Control and Prevention (CDC). On April 1, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, in consultation with the CDC, announced the DHS would terminate the implementation of the public health order on May 23. The states accuse the Biden administration of unlawfully changing the policy and subjecting the states to devastation from illegal southern border crossings.

The Lawsuit

The attorneys general of the Republican states of Arizona, Louisiana, and Missouri filed a lawsuit against the CDC and other government agencies handling immigration in the US. The states allege ending Title 42 will create an “imminent, man-made, self-inflicted calamity.”

The legal petition calls the policy the “only safety valve” preventing pure chaos at the border. The lawsuit names several Democratic lawmakers who also voiced concerns and said the Biden administration should implement a plan before ending the emergency order to prevent immigration nightmares.

The states explain the CDC made its decision based on declining COVID-19 infections. Yet, the agency hasn’t altered other pandemic-related protections like lifting mask mandates for public transportation.

They also allege the move to end Title 42 is illegal because the CDC didn’t follow the notice-and-comment requirements, violating the Administrative Procedure Act due to the omissions.

The states are asking the court to suspend the CDC’s order and keep Title 42 active.

Title 42 Opposition

Title 42 has been controversial. Opponents called it a political policy to further former President Donald Trump’s agenda while he was in office. They say it kept vulnerable individuals from seeking asylum in the US. Progressives have pushed the Biden administration to end the policy since he took office.

Government Explanation

On April 1, DHS Secretary Mayorkas released a statement about the CDC announcement of the termination of Title 42. He said Title 42 is a public health order under the control of the CDC. He noted it is not an immigration policy, and the intention was for it to be in place during the pandemic to keep Americans healthy.

Mayorkas explained that once it ends, the DHS will process those entering at the southern border based on Title 8, which was the standard before Title 42. He also noted the Biden administration has a “comprehensive, whole-of-government strategy” to manage migrants and prevent issues at the border.

The CDC explained in its statement that until the order lifts, the government would focus on increasing vaccinations for immigrants. The agency also said it would prepare for “regular migration” to resume.

Does the Biden strategy include ways to prevent another border crisis? Or are the states on the right track with trying to keep Title 42 in place until the White House puts better plans in motion?

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