TEXAS — Texas Attorney General Ken Paxton has again sued the Biden administration, this time to stop the Title 42 border policy from ending May 23.

What You Need To Know

  • Texas Attorney General Ken Paxton announced Friday that he has sued the Biden administration to prevent the Title 42 border policy from ending May 23

  • The public health policy went into effect under President Donald Trump and limits asylum at the U.S.-Mexico border. Since it went into effect, the U.S. has expelled migrants more than 1.7 million times

  • The CDC on April 1 announced it is ending the policy. Democrats and advocates argue Title 42 provides the U.S. with an excuse to shirk its obligations to provide haven to people fleeing persecution

  • It is anticipated the end of the program will usher in more illegal border crossings. Some Democrats have called for Title 42 to remain in place for the time being

The Trump-era public health policy, officially called Title 42 authority and named for a 1944 public health law to prevent communicable disease, was put in place to curb the spread of COVID-19. It limits asylum at the U.S.-Mexico border.

The policy went into effect under President Donald Trump in March 2020. Since then, migrants trying to enter the U.S. have been expelled more than 1.7 million times.

The U.S. Centers for Disease Control and Prevention on April 1 announced that it was ending the policy. The continued use of public health powers had been widely criticized by Democrats and immigration advocates as an excuse for the United States to shirk its obligations to provide haven to people fleeing persecution.

It’s anticipated that ending the program will lead to an uptick in migrant encounters at the U.S.-Mexico border. Even members of the Democratic Party have called on Biden to keep the policy in place for now.

Paxton in a news release said this is the 10th lawsuit he has filed against Biden related to border policy.

“The Biden Administration has made one disastrous border decision after another, and I’ve sued him at every turn. But his new plan to rescind Title 42 is the most consequential yet. Without Title 42, hundreds of thousands more illegal aliens will flood Texas every month—even more than have been pouring over in the past year,” Paxton wrote. “His goal is simple: get as many illegals in this country as fast as possible without any concern for the potential criminal or terrorist background of those crossing the border. This is allowing the cartels to maximize their profits and their effectiveness. Biden cannot make such sweeping decisions without going through the process required by federal law. He didn’t, so I’m suing. I’ll hold him accountable and do all I can to protect Texans.”

This isn’t the first lawsuit designed to keep the policy in place. Conservative-led governments in Arizona, Louisiana and Missouri sued earlier in April.

Still, there’s no indication the Biden administration plans to change course. When asked about it Wednesday, White House press secretary Jen Psaki said the administration is planning and preparing for Title 42 to end May 23.

The Associated Press contributed to this report.