Texas can – and must – save America from the Biden Border Crisis
Texas Insider Report: AUSTIN, Texas – “Texas must use every tool available to save America from the crisis that is ravaging the border and threatening our national security with over 250,000 illegal crossings last month alone," said Representative Brian Harrison, after Governor Greg Abbott earlier today called for the Texas Legislature to pass Harrison's recently introduce bill, HB 1491, called the "Texas Title 42 Act."
"Governor Abbott is exactly right to call for the Texas Legislature to pass a Texas Title 42 Act," said Harrison.
"Since Biden is forcing America to live under an unjustified public health emergency, Texas is completely justified in using our public health authority to secure the border.
"As former Chief of Staff for the U.S. Department of Health & Humans Services, in 2020 I helped coordinate Title 42 to protect Americans at the border. This week, I was proud to file the 'Texas Title 42 Act' to authorize Governor Abbott to lead Texas in doing what the federal government won’t – immediately deport illegal migrants and secure the border,” Harrison said.
Texas State Rep. Brian Harrison has filed the Texas Title 42 Bill, HB 1491, which uses state health authority to require the immediate expulsion of illegal immigrants back to their country of origin.
The Texas Title 42 bill is modeled after the Federal Title 42 Order, which was first issued by the Centers for Disease Control & Prevention (CDC) in March of 2020 under the leadership of then Chief of Staff at the U.S. Department of Health & Human Services (HHS), Brian Harrison.
CDC utilized its public health authority under 42 U.S.C. § 265 to suspend entry into the United States to prevent the spread of COVID-19. This order gave immigration officers the ability to quickly expel illegal immigrants from the country and, although not related to immigration, did lead to the most secure border in history.
Just like the Federal Title 42 order, the Texas Title 42 Bill is not based in immigration law – but is instead derived from states’ police powers. States have long been held to have expansive police powers which include the authority to regulate for health and safety.
Additionally, states closing their borders out of public health concerns is not a new concept. In enacting the first Federal quarantine laws in the 1790’s, Congress recognized and fortified state health laws restricting the movement of people and items across its borders for health reasons.
Due to President Biden’s policies over the last two years, Texas has faced an unapparelled and unprecedented surge of illegal immigration at the Southern border. In Fiscal Year 2022, 2.76 million illegal immigrants were apprehended at the Southern Border, a 37% increase from the record-breaking 2021 Fiscal Year.
During Fiscal Year 2017, there were a total of 303,916 apprehensions.
In December 2022 alone, there were over 250,000 migrant encounters, which is the highest single month ever recorded by the Department of Homeland Security.
The requirement included in Harrison's HB 1491 Texas Title 42 Act would remain in place until the federal government ends all public health COVID-19 Restrictions.