AFL Partners With Texas to File New Complaint in Lawsuit Against Biden’s COVID Catch-and-Release

Former Chief of the U.S. Border Patrol, Rodney Scott, Files Declaration in Case

Yesterday, the State of Texas filed an amended complaint against the Biden Administration for its refusal to follow its own rules to prevent the introduction of aliens infected with COVID-19 into the United States. America First Legal serves as outside counsel for Texas in this critical lawsuit to stop the mass release of illegal aliens into the United States during the heart of a covid surge–draining public health resources and threatening the health of all Americans.

Texas had previously filed suit against the Biden Administration for failing to follow its own rules related to Title 42, and in the alternative, for failing to detain aliens who come from locations where communicable diseases of public health significance are prevalent. After Texas filed its lawsuit, the Biden Administration engaged in a series of maneuvers to avoid a bad ruling from the Court. Texas has now amended its complaint with additional information and arguments. And in support of its claim, Texas submitted a Declaration from the recently-retired Chief of the Border Patrol, Rodney S. Scott, who served as Chief under President Trump and President Biden. In his Declaration, Chief Scott pointed out that “Today, the vast majority of family unit aliens are apprehended, processed, and then released into the United States. They are not tested for COVID-19 prior to their release from CBP custody.”

For months, we have witnessed hundreds of thousands of migrants illegally cross America’s southern border without being screened for COVID-19, not to mention following any of the health protocols (masks, social distancing, etc.) that the Biden Administration has forced upon the American people. And for months now, we have watched as the Biden Administration refused to detain–let alone expel or deport–aliens who either are or could potentially be infected with coronavirus (or other dangerous diseases).

America First Legal, together with the State of Texas and the great Texas Attorney General Ken Paxton, will not stand by as the Biden Administration puts Americans in harm’s way. We will not waver in defense of our laws, our citizens, our health, and our sacred sovereignty

Statement from America First Legal President Stephen Miller:

“America First Legal is fighting in federal court to end the mass release of untested, unvaccinated, unscreened, unvetted, and infected illegal aliens into the United States. This is, without question, one of the most important and vital lawsuits in the whole country. AFL is beyond honored to work with national hero Ken Paxton and the incredible State of Texas, which is presently under relentless siege. The conditions on our Southern Border are, in one word, apocalyptic. And this entire national nightmare, and public health nightmare, are solely caused by the Biden Administration’s decision to resettle illegal aliens in the United States, instead of expelling and removing them as mandated by law. AFL will use every single tool in our legal arsenal to end this lawless, merciless assault on our nation, our health, our citizens, and our sacred sovereignty.”

Read the complaint here.

Read the Declaration here.


Decision marks a decisive blow against the Biden Administration’s lawless actions

Tonight, the Supreme Court of the United States denied the Biden Administration’s request for a stay of a lower court decision that effectively requires the “good faith” implementation of the Migrant Protection Protocols (MPP). MPP was a program employed during the Trump Administration that used longstanding statutory authority to require aliens apprehended along the southern border to wait in Mexico during their immigration court proceedings. The use of MPP effectively ended the last border crisis.

Shortly after assuming office, the Biden Administration unlawfully suspended, and then subsequently terminated MPP. Texas and Missouri challenged the Biden Administration’s actions, and the U.S. District Court for the Northern District of Texas issued a resounding victory for Texas and Missouri that, among other things, requires the “good faith” implementation of MPP. The United States Court of Appeals for the Fifth Circuit denied the Biden Administration’s request for a stay of that decision, and now the Supreme Court of the United States has also denied a stay to the Biden Administration.

America First Legal President Stephen Miller released the following statement on the decision:

“This is a tremendous victory for our laws, our Constitution and our sovereignty — all three of which are under withering assault from the Biden Administration. I salute Texas Attorney General Ken Paxton, a fearless and courageous defender of our nation, and Missouri Attorney General Eric Schmitt, for this historic win. America First Legal is immensely proud to be working alongside of, and in support of, Ken Paxton to uphold our nation’s immigration laws — and the sacred rights of our citizenry.”

America First Legal Vice President Gene Hamilton released the following statement on the decision: 

“The Migrant Protection Protocols were one of the most critical border security tools used during the Trump Administration. The Biden Administration’s attempts to dismantle this important program and other immigration policies created our current border and enforcement crisis. We now have to watch if they implement this decision in actual “good faith.” The Biden Administration must prioritize the safety of Americans and the sovereignty of our nation before politics.” 


Today, America First Legal (AFL) filed a lawsuit against the U.S. State Department seeking an order requiring the Biden Administration to turn over records explaining President Biden’s order to stop an independent investigation into the origins of the COVID pandemic.

In May, AFL filed a FOIA with the State Department seeking government records that would allow the public to know how, why, and when President Biden stopped an independent investigation of the pandemic’s origins. For months, the State Department has largely ignored this request.

As early as November 2019, U.S. intelligence services strongly suspected the COVID-19 virus originated in the Wuhan Institute of Virology in Wuhan, China, a facility closely connected to the Chinese Communist Party and the Chinese Communist Party’s People’s Liberation Army.

In or about April 2020, shortly after the scope and scale of the pandemic began clear, the U.S. Department of Health and Human Services and the U.S. Department of Education consulted on separate investigations into U.S. taxpayer funding (overseen  by the National Institutes of Health’s director Dr. Anthony Fauci) and support from U.S.- based institutions of higher education, respectively, for the Wuhan Institute of Virology and the dangerous activities carried on there.

According to an August 2021 Congressional report, “the preponderance of evidence” suggests COVID-19 was released from the Wuhan Institute of Virology sometime prior to September 12, 2019. Then, “Researchers at the [Wuhan Institute of Virology], officials within the CCP, and potentially American citizens directly engaged in efforts to obfuscate information related to the origins of the virus and to suppress public debate of a possible lab leak.”

The Trump Administration tasked a group at State to investigate the origins of the pandemic. However, leaders of the Democratic Party, including members of the Biden Administration and Congress, routinely ridiculed former President Trump for suggesting that the virus may have originated in the Wuhan Institute of Virology and was used to benefit the CCP.  But on May 26, 2021, President Biden directed the U.S. intelligence community to collect and analyze information and report back on the pandemic’s origins in 90 days.  At the same time, he ordered the State Department to stop its independent investigation.  According to published reports, the intelligence community would not answer the question.

However, as widely reported by outlets from across the ideological spectrum, key members of the Biden Administration team, including the Secretary of State and Director of the Office of National Intelligence, have very strong long standing commercial relationships with the Chinese Communist Party.  Among other things, these officials were in the business of brokering deals between the CCP and U.S. – based corporations and universities.  This raises obvious red flags, because Biden shut down an independent investigation and instead opted for a political process in which some of the same people who were selling China access and influence are now in charge of creating the “definitive narrative” regarding the pandemic’s origin.

The American people deserve to know why President Biden stopped an independent investigation into COVID-19’s origins. We intend to fight for the answers.

Statement From Former White House Chief Of Staff And America First Legal Board Member Mark Meadows: 

“Once again, Joe Biden has sided with China at the expense of the American people. He wasted no time canceling the Trump administration’s independent investigation of COVID-19 origins, instead replacing it with a Biden-controlled investigation that did nothing and found nothing–by design–shielding China from any accountability,” Meadows said. “Thousands of Americans had their lives permanently altered because of a pandemic released out of Wuhan, and we intend to help those Americans get the answers they deserve, whether Joe Biden does his job or not.” 

Read the full complaint here.


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