A federal judge has denied Texas’ request to amend a lawsuit to challenge the Biden administration’s planned termination of the Title 42 border expulsion policy, saying such a change would “drastically alter the nature and scope of the instant dispute.”
U.S. Judge Mark Pittman issued the ruling Thursday.
Texas' original lawsuit challenged the Biden administration's decision to exempt unaccompanied children from the Title 42 expulsions. In March, Pittman ruled in Texas' favor and blocked the exemption for unaccompanied children. But then the CDC ended Title 42 for these minors.
Texas could still file a separate lawsuit against the Title 42 termination. 21 other GOP-led states are already challenging the policy's planned termination in another federal court.
Title 42 refers to a World War II-era public health law that authorizes border officials to promptly deport migrants. The Centers for Disease Control and Prevention invoked the rules in March 2020 in response to the COVID-19 pandemic.
The law, found in Title 42 of the U.S. code, grants the government the "power to prohibit, in whole or in part, the introduction of persons and property" to stop a contagious disease from spreading in the U.S.