TEXAS — Gov. Greg Abbott is voicing support for a new plan to protect the controversial pandemic-era immigration policy known as Title 42.

During an interview with conservative radio host Chad Hasty, Abbott said that the state’s public health authority could be used to keep the program in place in Texas. Abbott has extended the pandemic emergency declaration for nearly three years — despite lifting all other restrictions.

“There is a proposal, that I support, that would either prevent people from coming into Texas illegally, or return them back,” said Abbott, although he did not name any specific filed legislation. “Because Texas has a public health order that would authorize us to turn them back.”

Title 42 is a federal public health order that's been used to expel migrants in order to curb the spread of the coronavirus. President Biden has been fighting to end it since taking office. But last month, the Supreme Court ruled the Trump-era policy can remain in effect for now.

Texas Rep. Brian Harrison, R-Midlothian, filed a bill called the Texas Title 42 Act. If passed, it would use the state's police powers to remove migrants. It would be in place as long as the federal public health emergency for COVID-19 is in place, and as long as any federal government vaccine mandates and travel warnings are enforced.

“As long as President Biden insists on keeping America under a declared state of emergency under COVID-19 on public health grounds, we are completely justified in using our public health authority to do the job he won’t, and secure the border,” said Harrison.

However, the legislation represents a legal gray area since immigration enforcement is a federal matter.

“I would love to see the reaction of the American people to the president taking legal action against law enforcement serving their country, doing the job Washington has failed to do,” said Harrison.

Some experts have also raised the possibility it could expose state troopers or National Guard members to civil lawsuits from migrants. 

Harrison is confident he will get the necessary backing to get this legislation passed.

“Texas is the first impacted, the most impacted,” said Harrison. “We need to use every tool available to us, and that includes the public health authority.”