Late Friday afternoon, Americans were relieved to learn that a Trump-appointed judge in Louisiana’s Western District enjoined the Biden administration’s most recent plan to further fling open the nation’s borders. Biden’s Center for Disease Control ordered the rescission of the Trump policy established in March 2020, which gave border officers additional power to reject immigrants for COVID-19-related public health reasons. Now, Biden’s CDC reversal, scheduled for Monday, May 23, 2022, will not go into effect. Praise the Lord!
In March 2020, under the Trump Administration, the Centers for Disease Control and Prevention had implemented the so-called Title 42 “Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists.” The Title 42 policy allows illegal immigrants to the United States from Canada or Mexico to be turned away at the border and returned to their home countries under expedited procedures if they came from countries with high rates of COVID-19 infection.
The district court enjoined the Biden CDC from rescinding the Trump order because the CDC failed to comply with the “notice and comment” requirements of the Administrative Procedure Act. While it is always dangerous to give federal government bureaucrats broad powers to issue regulations, the situation is even worse when those bureaucrats impose rules without following the law. Here, Biden’s CDC offered several excuses as to why they should not have been required to given notice to the American people of this change, and ask for their input, but the judge would have none of that. It was a great, solid opinion.
While the Biden Justice Department may appeal that loss to the Fifth Circuit, the magnitude of the victory cannot be underestimated. Judge Robert R. Summerhays’s ruling demonstrated that 25,000 migrants are now waiting in Mexican shelters just south of the border for Title 42 to end. Further, intelligence indicates the number of illegals in northern Mexico waiting to cross illegally into the United States to be between 30,000 and 60,000.
Immigration is already out-of-control, with 400,000 “getaways” in FY2021 and about 300,000 “getaways” already during the first half of FY2022. Without Title 42 authority, it was estimated “border crossing” will increase from 7,000 per day to 18,000 per day. These numbers are huge — 18,000 migrants per day is more than a half million per month or 6.5 million per year.
The day on which when this mass invasion will begin has been stopped for now — for which we should all be thankful — but the day of reckoning has only been postponed. Over the weekend, I visited the border town Eagle Pass, Texas, and I saw firsthand that the Biden administration is making preparations for a significant upswing in the number of illegals crossing the border.
One of the best signs of this litigation was that it was the result of a joint effort by states with responsible state governors and attorneys-general. The suit was led by Arizona, Missouri and Louisiana, joined by 21 other states, for a total of 24 states asking the court to stop the termination of the Title 24 Order. The states are finally working together against two common threats — uncontrolled migration and the Biden administration itself.
The plaintiff states also argued that the CDC’s decision is “arbitrary and capricious,” and failed to “consider the relevant factors” relating to all “important aspect[s] of the problem” to be addressed by the change. The states allege that the CDC admits that the termination of the Title 42 Order will “impose enormous costs upon the States” but that it did not “make any attempt to analyze those substantial harms” (Id. at 9-10, emphasis added). Thus, half the states have demonstrated they are prepared to defend the economic interests of their state government.
Another positive sign is the fracturing of unity among elected Democrats. Democratic senators like Raphael Warnock of Georgia, Jon Tester of Montana, Maggie Hassan of New Hampshire, Joe Manchin of West Virginia and Mark Kelly and Kyrsten Sinema of Arizona have joined calls for the CDC to slow the termination of Title 42. Senator Manchin called the CDC’s action “frightening.”
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The question now is, what shall be the strategy to stop Biden going forward? Although there may be other communicable diseases waiting in the wings, eventually the pandemic predicate for the Title 42 Order will fade, and the Biden administration will be able to rescind the Trump rule. It is possible that the Republicans will take Congress this fall, but the power of the uniparty is strong, and it is doubtful it can muster the fortitude to reverse Biden’s open-door policies.
If there is to be a solution, I believe it must come from the states. With half of the states joining as plaintiffs in this case, it appears that they have awakened from their slumber and passivity. The question is how aggressively they will protect the sovereign borders of their individual states. Several strategies have been advanced over the past few months for states to slow the influx of illegals, but even with Friday’s victory, the flow continues at 7,000 per day, with the Biden administration flying illegals (principally military aged males) across the country to resettle — on the dime of the taxpayers. Thus, the status quo, even with the victory in court on Friday, is completely unacceptable.
In some future articles, I will explore the other strategies being discussed to stop illegal immigration. I consider these articles to be among the most important I have ever written because as President Reagan told us: “A nation that cannot control its borders is not a nation.” Everything is at stake. Resist we must. Resist we will.
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