Press Release

Federal Judge Grants Preliminary Injunction to Prevent Unlawful Immigration Order

May 23, 2022

(Anchorage, AK) – On May 20, 2022, the United States District Court for the Western District of Louisiana preliminarily enjoined the Centers for Disease Control (CDC) from terminating COVID-related restrictions on immigration, which were implemented in October 2020 under Title 42 of the Public Health Services Act (Title 42 Orders). The injunction is effective nationwide.

“The Federal judge understood the enormity of the consequences that would result if the CDC’s Title 42 Orders were terminated,” said Governor Mike Dunleavy. “The detrimental impact of migration on border communities would overburden local communities’ law enforcement, healthcare systems and social resources.”

Title 42 authorizes the CDC to enter regulations prohibiting the introduction of persons into the United States to combat the spread of serious communicable diseases.

On April 1, 2022, the CDC issued an order terminating the Title 42 Orders (Termination Order). In response, 24 States filed a lawsuit challenging the Termination Order.

In granting the injunction, the Court found the Plaintiff States established an immediate threat of irreparable harm by showing that the Termination Order would result in an increase in daily border crossings from approximately 7,000 to almost 18,000, which in turn would increase the States’ costs for healthcare reimbursements and education services.

The Court also found the Plaintiff States established a substantial likelihood of success based on the CDC’s failure to comply with the rulemaking requirements of the Administrative Procedure Act (AP). Finally, the Court found that injunctive relief would serve the public interest and that the balance of harms weighs in favor of issuing a preliminary injunction.

“The findings issued by the United States District Judge today have reinforced fairness and mature consideration of agency action under the APA,” said Attorney General Treg Taylor. “The Termination Order will adversely affect the health and welfare of Americans by overwhelming social services and ultimately increasing the costs for healthcare and education services.”

# # #

Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.