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ACLU, Biden administration oppose states' request to join case that could end Title 42

Published: Wednesday, November 30, 2022 - 5:56pm

The Biden administration says it’s still not sure whether to appeal a court-mandated end to Title 42. The pandemic-era protocol blocks asylum at the border on the basis of public health and is expected to sunset Dec. 21. That end date was established after a federal court in D.C. sided with the ACLU, which argued Title 42 was being used an immigration enforcement tool, rather than a way to safeguard public health.

Fifteen states, including Arizona, filed suit asking to intervene in the case following that decision. They argue ending Title 42 will harm their states. 

Stephen Kang, detention attorney with the ACLU, says his organization is arguing the states’ shouldn’t be allowed into the case.

"They relied on sort of very generalized evidence about the alleged costs of non citizens to their state budgets, but they haven’t really shown any connection between the end of Title 42 and any increase in costs or burdens that the states will experience," he said. 

That argument was part of the ACLU's filing this week opposing the states' request.

In its filing, the administration said it also opposes the states’ motion to intervene, but is still weighing whether to appeal the order itself.

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