WASHINGTON, DC – The United States District Court for the Northern District of Texas just issued an order in a case where America First Legal (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.

Read the PI Order here.