Texas Takes on Biden’s COVID Border Surge

April 22, 2021

IRLI represents state in hard-hitting lawsuit

WASHINGTON—Today the State of Texas commenced a lawsuit in a federal district court accusing the Biden administration of causing, through its deliberate policies, an influx of illegal aliens infected with COVID-19 into Texas and the United States. This influx imperils both the public health and the economic recovery of that state and the nation. Texas has retained the Immigration Reform Law Institute (IRLI) to represent the state as Outside Counsel in the case.

The complaint filed today shows in detail how a raft of Biden administrative actions—each a sharp departure from previous Trump policies—has resulted in a surge of COVID-infected illegal aliens into the United States and Texas, endangering public health and straining the resources of Texas. Each one of the actions that cause this influx—such as the policy of releasing unaccompanied children and families after putting them in crowded detention settings where COVID can spread—is unlawful as contrary to law, arbitrary and capricious (meaning unexplained and irrational), procedurally invalid (meaning no public notice and opportunity to comment were provided), or in violation of the Take Care Clause of the U.S. Constitution. The relief Texas seeks is a return to the previous Trump policies.

“To reopen our country and restart our economy, we need the pandemic to get better, not worse,” said Christopher Hajec, director of litigation for IRLI. “But amazingly, the administration did not even consider the economic effects of its actions on Texas or anywhere else. That disregard of a highly relevant factor shows the administration’s recklessness—and it is also, in and of itself, a violation of law.”

“These dangerous and inexplicable actions demonstrate that Biden, though he bills himself as the COVID president, cares nothing about COVID if it gets in the way of his administration’s project of releasing more and more illegal aliens into the country,” said Dale L. Wilcox, executive director and general counsel of IRLI. “The effects of this calculated irresponsibility will be devastating. It is vital that we stop the administration here, and also block its other lawless policies that threaten the safety and well-being of Americans.”

The case is Texas v. Biden, No. 4:21-cv-00579-P (N.D. Tex.).

For additional information, contact: Brian Lonergan • 202-232-5590 • [email protected]