Texas Sues Biden for Exempting Border Crossers from Coronavirus Rules

Image Credits: Andrew Lichtenstein/Corbis via Getty Images.

Texas Attorney General Ken Paxton has filed a lawsuit against President Joe Biden’s administration, alleging that the Department of Homeland Security (DHS) has exempted border crossers from emergency Chinese coronavirus public health regulations, spurring a public health crisis at the United States-Mexico border.

The lawsuit, filed on Thursday, claims that the Biden administration has increasingly refused to enforce the Centers for Disease Control’s (CDC) Title 42 authority that requires federal immigration officials to quickly return border crossers to their native countries on the basis that they pose a public health risk to American citizens.

Specifically, the lawsuit alleges that the Biden administration effectively spurred a massive wave of illegal immigration and created a public health crisis at the U.S.-Mexico border by failing to use Title 42 to return border crossers to their native countries.

The lawsuit states:

CBP encountered a total of 4,300 members of family units in November 2020, 4,404 in December 2020, 7,296 in January 2021, 19,587 in February 2021, and 53,623 in March 2021. Of those total encounters, 3,639 were processed using Title 42 in November (roughly 85%), 3,332 in December (roughly 76%), 4,546 in January (roughly 62%), 9,223 in February (roughly 47%), and 17,345 in March (roughly 32%).

Put differently, encounters of members of family units have spiked by roughly 1,147% between November 2020 and March 2021, yet the use of Title 42 for those aliens encountered has plummeted as a percentage of total encounters.

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