Over a dozen Republican states are attempting to stop a federal judge from ending Title 42, a major Trump-era border policy, according to court documents filed Monday.
Arizona, Louisiana, Alabama, Alaska, Kansas, Kentucky, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Virginia, West Virginia and Wyoming asked D.C. Judge Emmet Sullivan if they could intervene in the case in which Title 42, which has been used to expel over one million migrants to mitigate the COVID-19 pandemic, was overturned, according to the request. Sullivan ruled on Nov. 15 that the Biden administration must end the policy in late December, giving them time to prepare for an expected influx of illegal migrants at the southern border.
When Title 42 ends, that influx will directly impact the Republican states, they argued.
“Because invalidation of the Title 42 Orders will directly harm the States, they now seek to intervene to offer a defense of the Title 42 policy so that its validity can be resolved on the merits, rather than through strategic surrender,” the Republican states wrote to Sullivan.
The Republican states also argued against the Biden administration’s change of tune on the policy after it previously fought against their previous attempt to keep the police in place.
“The States have sovereign and quasi-sovereign interests in controlling their borders, limiting the persons present within those borders, excluding persons carrying communicable diseases, and the enforcement of immigration law,” the filing said.
The Department of Homeland Security declined to comment.
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