Arizona Attorney General Mark Brnovich Fights to Keep Title 42 in Place

PHOENIX – Arizona Attorney General Mark Brnovich asked the United States District of Columbia District Court to permit a group of states led by Arizona and Louisiana to intervene in Huisha-Huisha v. Mayorkas, a case in which a judge terminated the Title 42 policy.  This policy is one of the last remaining tools at the southern border.

"Not only has the federal government failed in its statutory duty to comply with the Administrative Procedure Act, but it is actively exploiting a goodwill exception to render Title 42 meaningless in clear defiance of the court," said Attorney General Mark Brnovich. "We must intervene once again to combat the Biden administration’s deliberate and continued lawlessness."

Without General Brnovich’s intervention, Title 42 will cease to exist on December 21, dramatically worsening the border crisis right before Christmas.  As the states’ motion explains, termination of Title 42 will exacerbate "the costs imposed on the States. Allowing intervention will ensure those interests are represented." 

Joining General Brnovich are the attorneys general of Louisiana, Alabama, Alaska, Kansas, Kentucky, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming. 

General Brnovich is continuing to protect Title 42 in a separate, ongoing case in the United States District Court for the Western District of Louisiana.  He argues that DHS is violating the preliminary injunction against the termination of Title 42 by illegally implementing the termination order that was enjoined.

See motion here.