“Because invalidation of the Title 42 Orders will directly harm the States, they now seek to intervene to offer a defense of the Title 42 policy so that its validity can be resolved on the merits, rather than through strategic surrender,” the states said in their filing Monday.
Sullivan cited the Administrative Procedures Act in his ruling, and characterized Title 42 as “arbitrary and capricious.” The Biden administration indicated that it won’t oppose Sullivan’s order in a court filing last week, but requested a temporary delay in lifting Title 42.
In his order, Sullivan granted the request with “great reluctance.” Title 42 is set to come to an end on Dec. 20, taking effect on midnight Dec. 21.
Lee Gelernt of ACLU, lead lawyer for the plaintiffs seeking to lift Title 42, pushed back against the GOP states seeking to keep the rule in place in a statement to NBC News.
The Biden administration has faced pushback from both parties for its handling of Title 42.