15 States Go to Court to Maintain Title 42 Border Expulsions and Detention. A total of 42 states filed an amicus brief supporting the federal government’s defense of detention under the presidentially-approved border crisis measure, the Migrant Protection Protocols.
The brief was filed in the U.S. Court of Appeals for the D.C. Circuit on Monday afternoon. The brief also was filed in the 4th U.S. Circuit Court of Appeals.
The issue is also before the U.S. Supreme Court. The Supreme Court will hear arguments on October 21st on a challenge to President Trump’s separation of children from their parents during the administration’s separation of more than 1,400 migrant children at the southern border.
The brief was filed by the following attorneys general: Mark Brnovich, California; Dan Patrick, Florida; Phil Bryant, Georgia; Josh Hawley, Missouri; Greg Abbott, Texas; Phil Kikoanipour, Virginia; Larry Hogan, Maryland; Greg Abbott, Texas; Greg Abbott, Texas; and Matt Bevin, Kentucky.
Additionally, the attorneys general include: Doug Burgum, Alabama; Michael A. Carpenter, Colorado; Mark Haslam, Florida; Bruce Van Deburg, Indiana; Richard P. Mills, Iowa; Tom Miller, Michigan; Ken Paxton, Nebraska; Doug Ducey, Nevada; Phil Hord, Oklahoma; Kevin K. McAleenan, Pennsylvania; Brian Wigenton, South Carolina; Greg Abbott, Texas; Greg Abbott, Texas; and Brad Henry, Virginia.
“The Trump administration’s zero-tolerance policy of family separation created by Executive Order 13767 is an abomination,” said the brief. “We urge this [D.C. Circuit] panel to find that detention is an appropriate measure to address what is, after all, a crisis.”
The brief argued that a detention