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Idaho aims to join lawsuit against lifting asylum limits

The lawsuit challenges the Biden administration's planned May 23 end to border controls known as Title 42.

BOISE, Idaho — The Idaho governor and attorney general are seeking to add Idaho to the list of states that have filed a lawsuit to prevent federal officials from ending a public health rule that allows many asylum seekers to be turned away at the southern U.S. border. 

Republican Gov. Brad Little and Republican Attorney General Lawrence Wasden on Tuesday said they are working to join the lawsuit filed earlier this month by Arizona, Louisiana and Missouri. 

“As Idaho’s Attorney General, I’ve consistently fought the federal overreach and federal agency rulemaking that’s taken the place of congressional lawmaking," Wasden said. "This suit is yet another example of states being forced to take action because Congress continues to refuse to address an issue that should be its priority. The Constitution expressly assigns to Congress responsibility for immigration, but members of Congress have - for years - failed to act. In joining this suit, I am calling on Congress to show up and fulfill its constitutional responsibility."

The lawsuit challenges the Biden administration's planned May 23 end to border controls known as Title 42. The order was imposed two years ago by the U.S. Centers for Disease Control and Prevention over coronavirus concerns.

“Last year, I joined half our nation’s governors in releasing 10 policy solutions – including the continuation of the Title 42 Orders – to protect America, restore security, and put our country on a path to end the crisis at the southern border," Little said. "The Trump Administration invoked the Title 42 restrictions to protect the American people, and it worked. The policy kept tens of thousands of illegal immigrants from crossing the border. Idaho’s participation in this multistate lawsuit reinforces the fact that border security is interconnected to the health and safety of American citizens."

According to Little's news release, states received an invitation to join the lawsuit April 5. The complaint can be viewed by clicking here.

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