Morale among Border Patrol agents is at an “all-time low” as they face massive, unprecedented border numbers as well as a looming end to the Title 42 public health order, which is expected to further fuel the overwhelming surge.
“The agents are upset. I’ve never seen agents so upset as I have under what is currently going on,” Brandon Judd, head of the National Border Patrol Council (NBPC) told Fox News Digital in an interview.
And now, Missouri Attorney General Eric Schmitt said Monday that his office obtained a temporary restraining order blocking the Biden administration from lifting Title 42.
Texas-based U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ruled against the Biden administration.
He held that the administration had failed to provide an adequate justification and follow proper procedures in effectuating its rescission.
As a reminder, Title 42 is a public health order that enables immigration agents to quickly expel illegal immigrants because of concerns the immigrants have COVID-19.
The lawsuit was originally filed by Missouri, Louisiana, and Arizona in the U.S. District Court in Louisiana.
“It’s just really important for our national security, for our border security. It’s one of the few things the federal government is actually supposed to do — securing the border — and Joe Biden is not interested in that, so under our system of federalism, the states are going to push back,” Schmitt told Fox News Digital last week.
Now it will be heard at the Supreme Court tomorrow morning.
Members of Congress from both parties have thrown support behind legislation that would force the government to keep Title 42 in place until Biden rescinds the COVID-19 national state of emergency, including a major bipartisan caucus and Sens. Mark Kelly (D-Ariz.) and James Lankford (R-Okla.).
White House press secretary Jen Psaki declined to say during a briefing in Washington whether Biden would sign the bill if it reaches his desk.
“There’s a lot of steps between now and then, so at this point that’s very premature,” she said.
Judd Stone, II, the solicitor general of Texas, will argue the case Tuesday on behalf of Texas and Missouri, the original states to contest the Biden administration’s move. Those challengers now have the backing of 19 other GOP-led states, led by Indiana, that filed an amicus brief in the case.