Three states led by Republicans have sued the Biden Administration’s rescinding of title 42.
• Missouri, Arizona, and Louisiana have sued Biden after rescinding title 42.
• The lift of the order begins on May 23.
• The lawsuit seeks to block the lift of title 42, arguing that the CDC violated the Administrative Procedures Act by failing to allow debate on rescinding the order.
• The lawsuit is facing challenges because the CDC was given the power to review the order every 60 days to see if it was still effective, clearing Biden to rescind it at any moment.
• Republicans claim that title 42 is rescinded will cause a surge at the border never before seen. It would overwhelm cities and federal agencies.
• The lawsuit targets almost all federal agencies involved in public health and border security; nearly 20 defendants are named in the suit, some of who were involved in creating and enforcing title 42.