PHOENIX - Arizona Attorney General Mark Brnovich’s Office argued before a federal judge Friday morning to stop the Biden administration from rescinding Title 42. General Brnovich is leading a coalition of 24 states, asking the judge to grant a nationwide preliminary injunction against the Title 42 revocation.
"The Biden administration has little concern for maintaining public safety and even less for following administrative procedures," said Attorney General Mark Brnovich. "Our coalition of state attorneys general will continue fighting to preserve Title 42 with the hope of maintaining some accountability and sanity at our southern border."
General Brnovich filed a lawsuit last month against the Biden administration for revoking Title 42 during the worst border crisis in U.S. history. Title 42 is a public health policy issued by the Centers for Disease Control and Prevention (CDC) that allows border officials to turn away migrants because of the ongoing COVID-19 pandemic. The Biden administration originally told the American people it would rescind the policy on May 23rd but then tried to end it prematurely. General Brnovich obtained an emergency Temporary Restraining Order (TRO) in April from the judge to stop Biden’s unlawful actions as his lawsuit plays out. The judge extended the TRO just this past Wednesday.
Earlier this week, General Brnovich filed a brief with the court arguing that the CDC was statutorily required yet continually refuses to consider the harms to the states (such as increased health care, education, and law enforcement costs) that the revocation of Title 42 would cause. That refusal contradicts both its own statutory authority and the Administrative Procedure Act, which requires the CDC to consider the reliance interests of the states.
What's next?
The judge indicated he will issue a ruling on the preliminary injunction before the May 23rd expiration of Title 42. In the meantime, Arizona's TRO remains in place.
Attorney General Brnovich Border Actions
Attorney 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. CDC (Challenging revocation of Title 42)
- 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)
Read about additional AGO actions here.