Both West Virginia and Virginia attorneys general have joined others to fight to keep Title 42 in force at the southern border.

Title 42, which allows border officials to turn away migrants because of the ongoing COVID-19 pandemic, is scheduled to terminate on Dec. 21. The policy has been in effect since March 2020.

West Virginia AG Patrick Morrisey and Virginia AG Jason Miyares have asked the U. S. District Court for the District of Columbia to permit a group of states led by Arizona and Louisiana to intervene in Huisha-Huisha v. Mayorkas, a case in which a judge terminated the Title 42 policy. This policy is one of the last remaining tools at the southern border.

“We will keep fighting the Biden administration’s utter disregard for protecting our southern border,” Morrisey said. “Biden’s open border policy is a danger to our homeland, and we will do everything within the boundaries of the law to set this administration straight.”  

“The crisis on the southern border affects all of us, as the cartels continue to utilize its weakness to smuggle drugs, specifically fentanyl, into our country,” Miyares said. “Title 42 is critical to fighting back, securing our border and keeping out these dangerous substances.”

Morrisey and Miyares said if Title 42 expires it will “dramatically worsen the border crisis right before Christmas. As the states’ motion explains, termination of Title 42 will exacerbate the costs imposed on the states. Allowing intervention will ensure those interests are represented." 

Joining Morrisey and Miyares are the attorneys general of Arizona, Louisiana, Alabama, Alaska, Kansas, Kentucky, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas and Wyoming.

Pres. Joe Biden tried to end Title 42 on May 23, but his move was blocked in court.

Contact Charles Boothe at

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