CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed a federal lawsuit against the Biden administration caiming it is refusing to stop deadly fentanyl from flowing across the nation’s southern border.
Morrisey's complaint, filed August 19 in federal court in Elkins, against Homeland Security Secretary Alejandro Mayorkas asks the court to force the agency to reconsider its termination of a Trump-era policy, known as Remain in Mexico. The complaint alleges Mayorkas recently canceled the policy without due consideration for the impact on efforts to stop the smuggling of illegal drugs such as fentanyl.
“Ending the Remain in Mexico policy will undoubtedly lead to an increase in illegal drug trafficking and thus senseless deaths from fentanyl,” Morrisey said. “I’ve long believed that a lawsuit should not be necessary to force the government to secure our southern border.
"We spoke out two months ago, yet the administration has failed to respond to our concerns. The border is more porous than ever. In the face of such silence and inaction, and because so many lives are at stake, litigation is the only remedy left to West Virginia.”
The lawsuit explains fentanyl is about 100 times more potent than morphine. A lethal dose can be as small as two milligrams. That means one kilogram of fentanyl (equivalent to 2.2 pounds) contains up to 500,000 potentially lethal doses.
Morrisey's lawsuit alleges that ending the Remain in Mexico policy has exacerbated the fentanyl problem by dramatically increasing the drug’s supply by reassigning border security personnel and other resources the policy had freed up to stop smuggling and unlawful crossings.
The lawsuit asks the court to find that cancellation of the Remain in Mexico program was rash and ill considered.
Last month, Morrisey says he was bothered by “a dramatic uptick” in the amount of fentanyl coming into the state when he first mentioned a possible lawsuit.
“We’ve been talking to law enforcement officials across the state,” Morrisey said. “It’s been a problem, but it’s getting a lot worse. We’re seeing a dramatic uptick in the amount of fentanyl that’s flooding into West Virginia. And we’re seeing that a lot of that fentanyl is smuggled overland across the southwest border and through the Mexican drug cartels.”
Morrisey said that shows how the Biden administration’s border policies make their way “back home up to West Virginia.”
He said his office has been in contact with the White House. That includes a letter sent to Mayorkas in June urging for changes.
During the July 13 press conference, Morrisey also said he thinks it’s likely the issue will end up in court.
“We think we have an actionable claim as a result of how the Biden administration changed its Remain in Mexico program,” Morrisey said. “The Biden administration, unfortunately, has decided not to prioritize the fentanyl growth and the drug cartel problem, and we need to make sure we change that.
“When we go to court, or resolve it outside of court, we are going to prevail on this. It’s so critical because we have to stop that flood of fentanyl coming in.”
On June 1, Mayorkas issued a memo ending the Trump administration’s Remain in Mexico policy of returning asylum seekers to Mexico until their United States court dates. The policy formally was known as Migrant Protection Protocols.
“We’re working up the papers now, and we’re also trying to engage with this administration,” Morrisey said. “We have to make sure they get it right. I’ve not been impressed so far.”
On June 7, Morrisey sent a letter to Mayorkas criticizing the “Remain in Mexico” decision because it didn’t consider the impact on efforts to stop the smuggling of illegal drugs, such as fentanyl.
“West Virginia has already lost far too many people, including young parents and children, over the past decade to fatal drug overdoses,” Morrisey wrote. “The federal government must secure the border to prevent another decade of senseless death.
“This is a pressing and urgent matter impacting West Virginia and every State suffering from fentanyl abuse and illegal drug trafficking. Lives are being lost every day. There is no time for delay.”
On August 13, a 5th Circuit Court of Appeals judge issued an order requiring the Biden administration to reinstate the "Remain in Mexico" policy. On August 16, the Biden administration appealed that order.