Tennessee Attorney General Sues Biden Administration Over Pandemic-Era Border Policy

President Joe Biden responds to a question about the U.S. border as he speaks in the State Dinning Room of the White House, Saturday, Nov. 6, 2021, in Washington. (AP Photo/Alex Brandon)
NASHVILLE (WDEF)- The Tennessee Attorney General is suing the Biden Administration over a border security policy related to the coronavirus pandemic.The office of Tennessee Attorney General Herbert H. Slatery III sent out a statement on Thursday evening, April 14, stating that Tennessee would join 19 other states in suing the Biden Administration over their decision to end Title 42. Title 42 is a border security policy that was created by the Centers for Disease Control (CDC) in March 2020 when the pandemic began to dramatically affect the country. This policy was put into place by the Trump Administration and was continued by the Biden Administration until this month.
Slatery was critical of Biden’s decision to end title 42 as he said, “With the recurring problems at the border you would think the Administration would want as much input from the states as it could get before shutting down a program, but they decided to forego complying with the notice and comment requirements of federal law and shut it down as fast as they could.” The law that Slatery and the other attorney generals are referring to is the Administrative Procedure Act.
This act governs the process in which government agencies can issue or change regulations. In most cases, agencies must provide 30 days notice to all states that they are making a change. The lawsuit that Tennessee is a party to claims that the Biden Administration did not follow this guidance.
This lawsuit is currently being processed and will be reviewed by the Federal District Court of Western Louisiana. The suit will request that title 42 remain in effect until the Biden Administration “conducts the required notice and comment period required under law.”
Title 42 was notoriously used in September 2021 when thousands of Haitian immigrants were deported when they attempted to seek asylum in the United States due to an August earthquake.