Big Idea

• Several state Attorney Generals are suing the Biden Administration for rescinding public health policy Title 42
• AG Brnovich feels that rescinding Title 42 is one of the worst moves from the Biden Administration
• “Presidential politics are killing public safety,” Louisiana AG Jeff Landry
• The expectation is that revoking Title 42 will create an unprecedented surge at the southern border
• Read more...

"It’s a ridiculously poor decision that will make America less safe."

PHOENIX – Arizona Attorney General Mark Brnovich, Louisiana Attorney General Jeff Landry, and Missouri Attorney General Eric Schmitt are suing the Biden administration for rescinding the public health policy, Title 42, during the worst border crisis in decades. The revocation will result in an unprecedented crisis at the United States southern border that will have a devastating impact not just on border states, but across the country.

“While it’s difficult to identify President Biden’s most irresponsible move since taking office, rescinding Title 42 is certainly one of the worst,” said Arizona Attorney General Mark Brnovich. “It’s a ridiculously poor decision that will make America less safe. This administration’s reckless pandering to the far Left and complete surrendering of its responsibility to public safety cannot be allowed to continue.”

“Today, Missouri, Arizona, and Louisiana filed suit against the Biden Administration for rescinding Title 42 amid one of the worst border crises in this country’s history. Title 42 is a crucial tool for controlling the influx of illegal aliens at our Southern border,” said Missouri Attorney General Eric Schmitt. “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.”

"Presidential politics are killing public safety," said Louisiana Attorney General Jeff Landry. "Joe Biden needs to stop trying to be woke and start protecting the homeland.”

On Friday, the Centers for Disease and Control (CDC) announced it will terminate the Title 42 public health policy that allows border officials to turn away migrants because of the ongoing COVID-19 pandemic. The policy has been in effect since March 2020 and has been used by both the Trump and Biden administrations to turn away thousands of migrants to try and keep communicable diseases, like COVID-19, out of the country.

The Attorneys General argue that revoking the policy violates the Administrative Procedure Act (APA) as it is arbitrary and capricious, and the Biden administration did not conduct the statutorily required notice and comment process.

Revoking Title 42 will create an unprecedented surge at the southern border and it will overwhelm law enforcement agencies and non-governmental organizations as well. The U.S. Department of Homeland Security, (DHS), estimates that getting rid of Title 42 could result in as many as 18,000 migrants per day showing up at the southern border – which could mean 540,000 migrants in a single month.
  
As a border state, Arizona is directly affected by rescinding Title 42 in several ways. Arizona bears the substantial costs of incarcerating unauthorized migrants (amounting to tens of millions of dollars each year) as well as increased health care costs for migrants infected with COVID-19 and other communicable diseases. Additionally, Arizona’s border is at major risk for increased drug trafficking and cartel activity. The number of fentanyl pills seized in Arizona has skyrocketed over the last year.

Arizona, Louisiana, and Missouri are asking the Western District Court of Louisiana to force the Biden administration to keep Title 42 in place until it conducts the required notice and comment period required under the APA and adopts a policy that is not arbitrary and capricious.

Copy of complaint here.

Statement of U.S. Customs and Border Protection Commissioner Chris Magnus Concerning Title 42

Release Date: April 4, 2022

WASHINGTON—U.S. Customs and Border Protection Commissioner Chris Magnus issued the following statement following Friday’s announcement that Centers for Disease Control and Prevention’s (CDC) will, effective May 23, 2022, terminate its Title 42 public health Order:

“The Centers for Disease Control and Prevention announced Friday that it will terminate its Title 42 public health order effective May 23, 2022.  Pursuant to its Title 42 authority, the CDC has, since March 2020, required the expulsion of unauthorized single adults and family units arriving at the land borders in order to protect against the spread of COVID-19.  The CDC’s Title 42 order, implemented at the height of the pandemic, is not a border management authority.

“Throughout our agency’s history we have capably managed immigration at the border utilizing the authorities under Title 8 of the US Code (traditional immigration management authorities). These authorities allow non-citizens appropriate access to make asylum claims and include a range of enforcement options to hold individuals accountable for entering the U.S. illegally.  This means most individuals who cross the border without legal authorization will be promptly placed in removal proceedings.

“As a result of the CDC’s termination of its Title 42 public health order, we will likely face an increase in encounters above the current high levels.  There are a significant number of individuals who were unable to access the asylum system for the past two years, and who may decide that now is the time to come.

“We are doing everything we can to prepare for this increase, ensure we continue to process people humanely, and impose consequences on those who break the law.  At the same time, we will continue to use all available resources to secure our borders.  This includes the increased use of technology, on-ground monitoring, use of drones, and additional support personnel to supplement BP agents and free them up from processing duties whenever possible. 

“I’d like to note that we are not in this alone.  Specific actions being taken to address ongoing and potential future developments at the border include:

• Increasing our work with other governmental agencies, including Immigration and Customs Enforcement, the Federal Emergency Management Agency, the Department of Health and Human Services, U.S. Citizenship and Immigration Services, the Department of Justice, the U.S. Marshals Service, the Department of State and other federal entities to address potential increases in the number of migrants coming across the border.
• Expanding coordination with various non-governmental agencies, including a range of non-profit organizations, faith-based entities, and others (both at and away from the border area) to help facilitate short-term-care and transportation for migrant asylum-seekers.
• Shifting Border Patrol agents and CBP officers from other locations to assist at the border.
• Increasing the number of ICE personnel working alongside CBP personnel to assist in processing migrants and enforcement actions along the border.
• Activating other DHS personnel who have volunteered to temporarily work on the border assisting with data entry and the care and custody of migrants.
• Increasing the number of (non-sworn) Border Patrol Processing Coordinators and contractors to assist with processing migrants.
• Maximizing the use of air and ground transportation to move migrants from sectors that are over capacity to other CBP locations.
• Shifting our processing of migrants to utilize the full range of options under Title 8 (traditional immigration authorities).
• Increasing the investigation and prosecution of human smuggling networks responsible for illegal border crossings.
• Increasing access to and efficiency of the asylum system by restarting normal asylum-seeker processing at ports of entry and working with other DHS partners to decrease the length of these processes (this is being done, in part, by adopting a new rule to expedite processing by asylum officers).
• Adding new short-term facilities at key border locations to reduce over-crowding.
• More effectively tracking the movements of various migrant groups who may be headed towards the U.S. border.
• Working closely with foreign governments to conduct joint enforcement operations.
• Increasing repatriations under Title 8 (returning migrants to their counties of origin).
• Continuing work with foreign governments to increase economic opportunities and stem migration out of those countries.
• Developing and utilizing new approaches in the use of social media to educate and warn migrants about the dangers of human smugglers (often associated with cartels) who facilitate travel to the U.S.

“Our nation has asked for much of the CBP team over the past several years. This challenging work is not done; we face demanding days ahead. I am continually impressed by the dedication of CBP personnel every day and honored to serve as CBP’s Commissioner.”

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the comprehensive management, control, and protection of our nation’s borders, combining customs, immigration, border security, and agricultural protection at and between official ports of entry.