Rep. Green: We Need To Tie Title 42 To Fentanyl To Keep It

Rep. Mark Green (R-TN) has revealed that illegal immigrants have already begun crossing the border because they believe that Title 42 is no longer in effect — and has put forth a strategy to prevent the rule from being lifted.

Title 42, which was implemented by former President Donald Trump during the COVID-19 pandemic, authorized border patrol to turn away illegal immigrants who crossed the border because they could potentially be infected with the coronavirus.

On November 15, Judge Emmett Sullivan of the federal trial court in Washington, DC, struck down Title 42 — claiming that it violates the Administrative Procedure Act (APA) and calling it “arbitrary and capricious,” meaning that the rule was not even the result of reasoned decision-making.

The Clinton-appointed judge went on to claim that the federal government did not give “consideration of the negative impacts that the measures would have on migrants.”

According to Breitbart News, “The Department of Justice can now appeal this decision to the D.C. Circuit. If the Biden administration refuses to do so, it is also possible that Texas or some other border state could ask the appeals court for permission to intervene in the case and take up the defense of Title 42.”

During a Wednesday appearance on Fox Business Network’s “Cavuto: Coast to Coast,” Green put forward a different strategy — arguing that Congress can prevent Title 42 from being lifted by tying the rule to the fentanyl crisis or something other than COVID.

“As soon as it was announced, the court ruling basically doing away with Title 42, they didn’t know — the people across the border didn’t know that there was a stay for five weeks so Border Patrol said they had a spike at that one crossing in El Paso…because they thought Title 42 was off,” the Tennessee congressman said.

“Now, it goes off in December when the stay’s over,” Green continued. “But we’re going to see — they’re expecting an additional 18,000 people a day hitting the border. They’re sitting in camps on the other side of the Rio Grande River waiting for it now to expire. That’s how bad this is going to be and we can fix it by tying it to fentanyl or something else, not COVID. There are other solutions out there. We have to keep this tool, though, in CBP’s toolkit.”