On April 22, 2022, Texas filed this suit to challenge the Center for Disease Control’s announcement that it would be ending its Title 42 expulsion order as of May 23, 2022. Under that order, most noncitizens seeking humanitarian protection have been summarily expelled, without the opportunity to apply for asylum, since March 2020, ostensibly to stop the introduction of COVID-19 into the United States. Texas alleges that the termination of the Title 42 expulsion order was done without going through the proper procedures.
The same day it filed suit, Texas also moved for a preliminary injunction, asking Judge Tipton to enjoin (block) the termination of Title 42 while this case proceeds to the merits. The parties had a status conference on April 26, 2022, after which Texas was to “confer” with the plaintiffs in the parallel lawsuit filed in Louisiana and then inform Judge Tipton “about how [Texas] propose[s] proceeding in this case.” As of May 11, Texas had yet to file anything further in this case.
Texas alleges that the termination of the Title 42 expulsion orders violated the Administrative Procedure Act’s notice and comment requirement and its prohibition on arbitrary and capricious agency action. In its motion for a preliminary injunction, Texas argues it is likely to succeed on both claims.
Two days after filing their motion for a preliminary injunction,Texas filed an emergency motion for a temporary restraining order (TRO). In that motion, Texas alleged that, although the Title 42 expulsion order expires on May 23, 2022, the Biden Administration had taken certain steps to prepare for its expiration. Texas sought a TRO prohibiting the Biden Administration from “early implementation” of Title 42’s end. Judge Tipton held a status conference regarding the TRO request on April 26, and apparently the parties agreed that he need not decide the TRO request after all. The following day, the judge in the other challenge to the end of Title 42 granted an extremely similar TRO request.