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Texas v. Biden, et al.

Case No. 4:21-cv-00579
Northern District of Texas
Status: Victory
Filed: April 2021

What's at Stake

The federal government violated several laws, including the Immigration and Nationality Act, the Public Health Service Act, and the Administrative Procedure Act, by abandoning protections that prevented illegal immigrants infected with COVID-19 from entering Texas. This failure increased the risk to public health in Texas and across the U.S., while also harming economic recovery efforts following the pandemic. America First Legal (AFL), working alongside the State of Texas, sued the Biden Administration for not enforcing the Title 42 health restrictions during the pandemic.

AFL and Texas won a preliminary injunction against the Administration in March 2022. Following this, the Biden Administration changed its policies to address the issues, and the case was subsequently terminated.

Press Releases

AFL in the News

AFL In The News • June 24, 2021 • Washington Examiner

Texas and Stephen Miller sue Biden over releasing COVID-19-infected migrants

“In documents filed in federal court, Texas Attorney General Ken Paxton, the Immigration Reform Law Institute, and Miller’s America First Legal said the policy was dangerous to the health of Texas and the U.S. and would cost taxpayers millions of dollars to clean up.

“By allowing tens of thousands of people to flow across the border, the defendants have increased the public health and safety risk to Texas,” said the request for an injunction.

At issue is the Biden administration’s decision in February to suspend the Trump administration’s policy of returning illegal immigrants during the height of the coronavirus crisis. The Trump team, worried that illegal immigrants would spread the virus, used a provision, Title 42, to block their entry. Biden ended that and has instead released families and unaccompanied children into dozens of major cities.

Texas, IRLI, and America First Legal argued that the new policy will be expensive and would not cause any “harm” to the administration if stopped.”

Documents

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