The Trump Administration had used 42 U.S.C. § 265 (Title 42) to immediately expel over 1 million illegal border crossers during the COVID Pandemic Health Emergency. The Biden Administration initially continued this policy but later sought to stop removing illegal entrants while maintaining other Pandemic-related measures. This would have allowed the Biden Administration to import a large number of illegal aliens into the United States.
AFL, serving as outside counsel to the State of Texas and in partnership with the Immigration Reform Law Institute, filed a lawsuit against the Director of the CDC, the Secretary of Health and Human Services, and other government officials, challenging the Biden Administration’s attempt to prematurely end expulsions under 42 U.S.C. § 265.
The State of Texas voluntarily dismissed the case since a Temporary Restraining Order was granted in a different case challenging the same government action.