Louisiana Judge Announces Intent to Enjoin Agencies in COVID-19 Border Measures Dispute

On Monday, Judge Robert R Summerhays announced that the Western District of Louisiana intended to grant a temporary restraining order in the case of Louisiana et al v. Center for Disease Control and Prevention, et al. Like a case filed in Texas last Friday, the lawsuit seeks to retain enforcement of a border control measure enacted in response to COVID-19.

The case was filed by the states of Louisiana, Arizona, and Missouri against the Centers for Disease Control and Prevention, the Department of Health and Human Services, the Department of Homeland Security, Customs & Border Protection, Immigration and Customs Enforcement, as well as the directors of those agencies.

The decision, conveyed via a minutes document, solely stated the judge’s intent to grant an injunction against the federal government defendants, and that “The parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

Similar to the Texas suit, the plaintiffs sought an injunction to prevent the implementation of the order made by the Director of the CDC on April 1, 2022, terminating the previous order that the risk of contagion from immigrants spreading COVID-19 justified not processing the migrants for possible admission to the United States.

The plaintiff states argue that the order did not follow the requirements of the Administrative Procedure Act in allowing a comment period, as well as in making arbitrary finding which the Plaintiff argues are inconsistent with other recent CDC rulemaking as well as not addressing the specific cost factors that the State of Texas will be incurred with the release of the restrictions.

The plaintiff is suing for injunctive relief, seeking to enjoin the termination order as well a determination if the order met the requirements of the Administrative Procedures Act.