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GOP States Sue Biden to Prevent Lifting of Title 42 Border Restrictions

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Three GOP-led states announced Monday that they filed a lawsuit to stop the lifting of the Title 42 border policy by the Biden administration. The measure has been used to stem the flow of illegal migration during the pandemic. They warned that the decision will have a devastating impact on the states.

The attorneys general of Arizona, Louisiana, and Missouri filed the lawsuit to defend the implementation of Title 42, pushed by former President Trump, as part of a series of public health decisions at the onset of the pandemic.

“This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only   safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated chaos and catastrophe. Specifically, this action challenges the Biden  Administration’s revocation of Title 42 border control measures, which will, absent judicial relief, become effective May 23, 2022,” the lawsuit says

The Biden administration will stop enforcing Title 42, an extraordinary rule that barred undocumented migrants at the border during the pandemic, on May 23.

The Centers for Disease Control and Prevention (CDC) published this Friday a notice to inform of the rescission of this rule on that date to have time to implement “mitigation protocols for COVID-19.”

“After considering current public health conditions and the increased availability of means to combat COVID-19 such as vaccines and treatments, CDC has determined that the order that suspended the right of immigrants to enter the United States is no longer necessary,” the text states.

As the Department of Homeland Security explains, once the Title 42 Order is no longer in effect, DHS will process individuals found at the border under Title 8, which is the standard procedure we use to place individuals in removal proceedings.

With the repeal of the measure, the return of traditional immigration protocols is expected. In fact, the White House assured yesterday that it is preparing for an increase in migration. The so-called fact sheet indicates that the Department of Homeland Security has moved officers, agents and Volunteer Force personnel to quickly decompress points along the border and process migrants more efficiently.

Finally, it was learned that Customs and Border Protection has mobilized resources to rapidly raise, expand and/or reinforce the Central Processing Centers to provide a more efficient and comprehensive operation for migrants along the Southwest Border. In addition, additional ICE personnel will be deployed to the border to facilitate processing.

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