PHOENIX -- Today, Arizona Attorney General Mark Brnovich is asking the court for a Temporary Restraining Order to stop the Biden administration from implementing their Title 42 revocation prematurely. General Brnovich is joined by 20 other Attorneys General.
“Once again, the Biden Administration is thumbing its nose at the American people and the rule of law,” said Arizona Attorney General Mark Brnovich. “It cannot be allowed to continue in this recklessness.”
The Biden administration has a pattern of unlawfully circumventing correct processes required under the Administrative Procedure Act (APA). This is a case revolving around the CDC’s revocation of Title 42, which was supposed to go into effect on May 23rd. However, news reports have indicated that the U.S. Department of Homeland Security (DHS) and its subagencies are no longer utilizing Title 42 with migrants from the Northern Triangle countries of Guatemala, Honduras, and El Salvador. The revocation of Title 42 was already unlawful as the Biden administration failed to follow the correct notice and comment procedure under the APA, and the pattern continues as DHS is unlawfully implementing the revocation early – more than a month ahead of time.
Attorney General Brnovich will not stand by and watch the Biden administration continue to flout applicable legal requirements and limitations on DHS's authority. The brief filed today calls on the U.S. District Court for the Western District of Louisiana to issue a Temporary Restraining Order and to require DHS to provide proof or the lack thereof, that they have been enforcing Title 42 as required by law. The Temporary Restraining Order would force DHS and its subagencies to continue to implement Title 42 fully until the May 23rd effective date.
General Brnovich is joined by the Attorneys General of Louisiana, Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Utah, West Virginia, and Wyoming.
Copy of the Temporary Restraining Order here.
Temporary Restraining Order reply here.