3 States Sue Biden Administration Over Disastrous Border Move


Jay Sekulow

April 5

4 min read




Three states – Arizona, Louisiana, and Missouri – have filed a lawsuit against the Biden Administration over attempting to remove Title 42, a Trump-era policy which allowed border patrol agents to turn back migrants at the border in the event they could potentially bring COVID-19 into the United States. With COVID restrictions still in place in some areas of the U.S. and record high numbers at the border, why would they remove this policy now?

ACLJ Senior Counsel CeCe Heil explained the dangers of this:

It builds up because of weather and then when you remove these Title 42 protections, Homeland Security has estimated that is going to mean that 18,000 unlawful migrants will cross a day, 540,000 per month, so it will be a huge uptick in the illegal immigration.

Left-leaning Senator Mark Kelly (AR) even spoke out against this decision from the Biden Administration:

This is the wrong decision. It’s unacceptable to end Title 42 without a plan and coordination in place to ensure a secure, orderly, and humane process at the border.

Senators Bob Menendez (NJ) and Corey Booker (NJ) echoed Sen. Kelly’s thoughts when they put out this joint statement:

While we support ending Title 42, extending this policy until the end of May will only incentivize more irregular migration to the border and create an unnecessary bottleneck effect when it finally sunsets. We hope the Administration will expand exemptions to the original order and start lifting Title 42 in phases.

Members of the Biden Administration’s party are not even supporting this decision to end Title 42. ACLJ Director of Policy Harry Hutchison explained how this is purely political:

What we have at issue here is the fact that the Biden Administration basically has unleashed political hooligans to work at the CDC. They are lifting this Title 42 rule and when they do that, that simply incentivizes a flood of illegal aliens, and this flood does not put the American people or their interests first. So, when the CDC says follow the science, that simply means follow the political science. Because there is simply no rational reason for changing this rule unless you are driven by ideology and politics, and I think that is number one in the minds of the Biden Administration. 

ACLJ Senior Advisor for National Security and Foreign Policy and former Acting Director of National Intelligence Ric Grenell pointed out the hypocrisy of this move:

Look, you have a huge problem here because the Biden Administration has announced that on this date in May – I think it is May 23rd. There is going to be a crisis on the border greater than what there is now. We all know right now it is terrible. We almost don’t even have a recognized border. And it’s only going to get worse. We’ve seen reports that people are getting their situation together, they are planning. They are packing. They are going to move to the border on this date. I have to say too though, I don’t understand why dropping this COVID mandate is happening without having the mask mandates dropped on planes. There are a whole bunch of other mandates that should be dropped at this time. Why this one, why now?

Ric added:

Unfortunately, I think every state is starting to become a border state and starting to see this exact problem. Our lawmakers have to confront problems. They need to close the border. And recognize if you don’t have a border, you don’t have a country.

We’ve already filed a lawsuit against the Biden Administration regarding the crisis at the southern border and we will keep fighting for the families that are being affected by this Administration’s border policies. 

Today’s full Sekulow broadcast is complete with even more analysis of the Biden Administration removing Title 42.

Watch the full broadcast below