PHOENIX – Attorney General Mark Brnovich filed an Answering Brief in the ongoing Title 42 case. The Arizona Attorney General’s Office (AGO) sued the CDC in April 2022 after it issued a Termination Order that rescinds the Title 42 policy, which would exponentially worsen the already unprecedented crisis at the border.
"The Biden administration continues its misguided attempts to bypass federal regulations and procedures in place to protect Americans and immigrants at our border," said General Brnovich. "This reckless disregard for public safety cannot be allowed to continue."
The Biden administration ignored the pending litigation and illegally began implementing the Termination Order more than a month early. General Brnovich successfully asked the court for a Temporary Restraining Order to force the Biden administration to stop the premature implementation.
The United States District Court for the Western District of Louisiana agreed with Arizona that Biden was unlawfully ending Title 42. The court then granted a Preliminary Injunction in favor of the plaintiff states, forcing the CDC to keep Title 42 in place. The CDC filed its appeal in the Fifth Circuit Court of Appeals in May 2022. General Brnovich is asking the Fifth Circuit Court of Appeals to affirm the district court’s injunction in its entirety.
First and foremost, the revocation of Title 42 violates the Administrative Procedure Act (APA) as it failed to have the required notice-and-comment period. Additionally, the CDC refused to consider any harm to the states before ending Title 42. Lastly, the CDC failed to consider obvious alternatives adequately.
General Brnovich is joined by the attorneys general of Louisiana, Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Read the brief here.
General Mark Brnovich is a national leader when it comes to challenging the federal government’s disastrous and illegal policies that are fueling the border crisis. Since last year, he has filed numerous lawsuits to hold the Biden administration accountable, including:
- Arizona et al. v. Garland, et al. (Challenging DHS Fast-Track Asylum System)
- Arizona et al. v. Biden (Challenging DHS Final Guidance)
- Arizona v. San Francisco (Defending Public Charge Rule)
- Arizona v. Mayorkas, et al. (Challenging Biden administration’s illegal violation relating to cancellation of border wall construction and the Remain in Mexico program)
- Arizona, et al. v. USDHS, et al. (Challenging Interim Guidance)