Big Sky Times

HELENA – Montana Attorney General Austin Knudsen today led a coalition of 20 attorneys general in filing an amicus brief in support of states attempting to stop the Biden administration’s collusion with activists. The coalition's amicus brief was filed in the United States District Court for the District of Columbia, backing states like Kansas, Alabama, Georgia, Louisiana, and West Virginia in their efforts to intervene in a lawsuit against the Biden administration’s “Circumvention of Lawful Pathways” rule.

Attorney General Knudsen expressed his concerns, stating, "President Biden’s failure to follow the law and secure the southern border is wreaking havoc on communities in Montana and across the country. The crisis at the border has become so bad that every state is now a border state." Knudsen further criticized the Biden administration for engaging in settlement talks with the plaintiffs instead of defending the rule designed to protect states from the adverse effects of illegal immigration.

The lawsuit in question, M.A. v. Mayorkas, initiated by asylum seekers and activists in September 2023, challenges the “first safe country principles.” Despite initially planning to defend the rule, the Biden administration shifted its stance in February and began discussions regarding a potential settlement with the plaintiffs.

In their amicus brief, the attorneys general argued that states have the right to defend immigration rules and prevent the Biden administration from circumventing the Administrative Procedure Act through sue-and-settle tactics. Joining Attorney General Knudsen in this effort were attorneys general from Alaska, Arkansas, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Florida Attorney General Ashley Moody.

The coalition's collective action aims to challenge the Biden administration's approach towards immigration rules and ensure that states' interests are protected in the face of ongoing border security concerns.