BIG VICTORY ON TITLE 42: America First Legal & AG Paxton Win Preliminary Injunction Against Biden’s Mass Release of Illegal Alien Minors at the Border

WASHINGTON, DC – The United States District Court for the Northern District of Texas just issued an order in a case where AFL serves as outside counsel for the State of Texas. Last year, the State of Texas sued the Biden Administration for failing to use Title 42 for all illegal aliens along the southwest border. The Biden Administration’s policies have resulted in the release of hundreds of thousands of aliens into the United States during a pandemic–while at the same time subjecting United States citizens to vaccine and mask mandates in an unprecedented assault on their liberties. Moreover, the Biden Administration’s policies contributed to an unprecedented wave of criminal child smuggling into the United States. 

Today’s order temporarily enjoins the Biden Administration’s act of excepting unaccompanied alien minors from Title 42, and largely denies the Biden Administration’s efforts to dismiss the lawsuit filed by Texas. The rest of Texas’s case will continue to the merits stage. 

In closing, the Court’s Order stated:

Here, the President has (arbitrarily) excepted COVID-19 positive unaccompanied alien children from Title 42 procedures—which were purposed with preventing the spread of COVID-19. As a result, border states such as Texas now uniquely bear the brunt of the ramifications. Yet, while policy decisions are beyond judicial review, those agency actions that are “arbitrary, capricious, . . . or otherwise not in accordance with law” will be set aside.

Statement from America First Legal President Stephen Miller:

We are honored beyond words to have partnered with Attorney General Ken Paxton and the State of Texas in our landmark lawsuit against the Biden Administration’s egregious decision to except ALL illegal alien minors traveling without adults (UAC) from Title 42—and to have just obtained a preliminary injunction. Biden’s decision to except UAC from Title 42, and instead mass resettle them in the United States, has led to the largest wave of criminal child smuggling in human history–and the flood of illegal alien teens and minors has drained the resources of our schools, hospitals, and communities while creating a new unimpeded recruiting pipeline for MS-13. This preliminary injunction orders the Biden Administration to halt their order categorically excepting unaccompanied alien minors from Title 42 repatriation. This is a truly historic victory, but we have a long, long, long way to go to end the Administration’s crusade to eradicate our sovereignty,” Stephen Miller said.

Read the PI Order here.

To schedule an engagement with America First Legal, please email [email protected].

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