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AG Derek Schmidt files to intervene to block termination of Title 42 immigration policy

Release Date: Nov 22, 2022

TOPEKA – (November 22, 2022) – Kansas Attorney General Derek Schmidt today filed to intervene in federal district court to prevent the termination of the Title 42 immigration policy that has slowed the flow of individuals seeking illegal entry into the United States.

Schmidt joined 14 other state attorneys general in asking the U.S. District Court for the District of Columbia for permission to intervene in Huisa-Huisa v. Mayorkas, a case in which a federal judge earlier this month ruled the use of Title 42 unconstitutional and ordered the administration to terminate its use. Title 42 is one of the last remaining tools helping to control the southern border. Without intervention, Title 42 will cease to exist on December 21, dramatically worsening the border crisis on the cusp of the Christmas holiday.

Schmidt and the states are asking the Washington, D.C.-based judge for permission to intervene and defend the policy in court. Their request comes after a different federal judge in Louisiana in April granted a request from Kansas and 23 other states to block the administration from terminating the Title 42 policy. It was estimated the lifting of Title 42 could result in a surge of 18,000 migrants per day attempting to enter the United States.

The Title 42 policy was put in place in March 2020 and has been used by the Trump and Biden administrations to turn away thousands of migrants to try to keep communicable diseases out of the United States. The Centers for Disease Control and Prevention had announced last month plans to rescind the policy, despite the fact that the administration has renewed the COVID-19 Public Health Emergency declaration until at least January 11, 2023.

A copy of the motion to intervene in Huisa-Huisa v. Mayorkas is available at


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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.