Texas Sues To Block Biden From Ending Title 42 Border Restriction

Topline

Republican Texas Attorney General Ken Paxton on Friday filed a lawsuit to block the Biden administration from revoking Title 42, a Trump-era policy that allowed Border Patrol to limit the number of asylum seekers due to Covid-19 health risks, as a host of lawmakers continue to push back on the repeal.

Key Facts

In the lawsuit, which was filed in the Southern District of Texas in Victoria, Paxton claimed the Biden administration’s “disastrous open border policies” and “confusing” Covid-19 response have sparked a “humanitarian and public safety crisis on our southern border.”

Title 42, Paxton claimed, was the only rule “holding back a devastating flood of illegal immigration.” The state of Texas will face “increased healthcare costs” because of migrants with Covid who would have been otherwise barred from entering the country under Title 42, Paxton said.

The suit comes two weeks after the Centers for Disease Control and Prevention announced the pandemic-era policy was “no longer necessary” especially with “an increased availability of tools” to fight Covid.

In the weeks that followed the decision, several Democrats also began to push back on the policy change, including Sens. Gary Peters (Mich.), Chris Coons (Del.) and Joe Manchin (W.Va.).

Key Background

The Texas suit comes a day after a group of more than 20 states with Republican attorneys general asked a federal judge in Louisiana to block the Biden administration from repealing Title 42. Several lawmakers, including moderate Democratic senators Kyrsten Sinema (Ariz.) and Manchin, also introduced legislation two weeks ago that would delay the end of the public health policy for at least 60 days and require the Biden administration to come up with a plan for addressing spikes in migration. Some Senate Republicans earlier this month said they would hold up Covid-19 funding requested by the administration unless Title 42 was extended. The White House has said that an influx of migrants following the policy change is likely. Axios reported earlier this week that the Biden administration was considering delaying the repeal of the public health order—set to go into effect May 23—amid pushback from Democrats. Asked on Thursday whether President Joe Biden was considering reinstating Title 42 to secure Covid funds, a White House spokesperson said extending Title 42 was “Congress’s decision to make,” adding the administration was taking a “range of steps” to prepare for more migrants at the border.

Contra

A host of progressive Democrats are in favor of revoking Title 42 and had been pressing the Biden administration to do so in the months leading up to the decision. The members of Congress argued the policy was inhumane and that the government was misusing public health measures to unfairly expel migrants.

Further Reading

Texas sues to block Biden administration from lifting Title 42, a pandemic-era health rule used to expel migrants (Texas Tribune)

Scoop: Biden considers delaying Title 42 repeal (Axios)

CDC Ends Trump-Era Pandemic Asylum Restrictions At Border As White House Says ‘Influx’ Of Migrants Expected (Forbes

Source: https://www.forbes.com/sites/madelinehalpert/2022/04/22/texas-sues-to-block-biden-from-ending-title-42-border-restriction/