Texas Attorney General Ken Paxton is suing the Biden administration over its move to end the Title 42 public health order, arguing the rule is holding back a “devastating flood of illegal immigration.”
The lawsuit, which is the latest legal challenge from Republican states against the administration’s move to end Title 42, alleges that the Biden administration failed to follow the Administrative Procedure Act’s notice-and-comment requirements and did not consider the consequences of ending the public health order.
“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,” the complaint states. “But they failed to follow the Administrative Procedure Act (APA) in attempting this destructive rescission of Title 42.”
The Biden administration announced earlier this month it will lift the order in May. Title 42 has been in place since March 2020 due to the COVID-19 pandemic and allows for the rapid expulsion of migrants at the border.
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