ALARMING: State AG sues Biden administration after Chinese illegal alien with ‘rare, aggressive and drug-resistant’ disease entered US

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From the New York PostRepublican Louisiana Attorney General Liz Murrill filed an “emergency lawsuit” against several Harris-Biden administration officials last week after a Chinese migrant with a rare form of tuberculosis illegally entered the US.

The lawsuit seeks to prevent federal immigration officials from releasing “potentially infected detainees” that came in contact with the Chinese national – who has a “rare, aggressive, and drug-resistant form of tuberculosis which carries high mortality rates” – while she was in the custody of immigration and Customs Enforcement.

“ICE has announced its intent to release potentially infected detainees from its two contract facilities [in Louisiana] — without being medically cleared by the Louisiana Department of Health — if an order requires release,” the complaint states.

“By ICE’s telling, its hands are tied once its immigration-based detention authority runs out,” the lawsuit continues, warning that migrants who may have contracted the disease will be released “onto Louisiana streets, its bus stations, and its airports.”


The report explains that the Chinese illegal alien, a woman whose name has been redacted, crossed the border in April and was apprehended in California in July.

On July 23, a TB skin test showed the Chinese woman  tested “highly positive,” and a chest x-ray also showed signs of “active TB.”

But despite that positive TB test, ICE transferred the woman to the South Louisiana ICE Processing Center in Basile, Louisiana, where she was placed in “general population,” the lawsuit states.

In September the woman again tested positive for TB at the Basile detention facility, and was hospitalized for “pre-extensively drug-resistant TB.”  Murrill explains in the lawsuit that this type of TB “is highly resistant to both first- and second-line anti-TB medications, difficult to treat, and has a high mortality rate [between 34%-39%].”

However, it was not until October 9 that the State of Louisiana was informed of the “imminent threat to public health” due to the Chinese woman’s diagnosis.

Murrill filed the lawsuit on October 16.

Murrill announced Wednesday, “BREAKING: I am suing @AliMayorkas & @DHSgov after a Chinese national who illegally entered the United States was found in Louisiana with a rare, aggressive, & drug-resistant form of Tuberculosis, threatening the health & safety of the people of Louisiana & America.”

CLICK HERE to view the lawsuit.

A press release by Murrill includes the following:

The Attorney General is suing ICE and its contractors to ensure that every potentially exposed individual is medically cleared by the State before they are permitted to leave the two facilities.

Actions Taken by Attorney General Liz Murrill and the State of Louisiana

  • On October 9, the State learned that Patient 0 tested positive for a drug-resistant form of tuberculosis.
  • Over the next five days, Attorney General Liz Murrill intimately worked with the Government, the Surgeon General, and other Department of Health officials to create an action plan for stopping the spread of the disease.
  • On October 15, the Attorney General and the AG’s Solicitor General hosted a call with ICE officials and demanded that ICE commit to not releasing any potentially infected detainees without medical clearance by the Department of Health. ICE refused.
  • As a result, the same day, Governor Landry and the Attorney General directed the Solicitor General to prepare an emergency lawsuit against ICE.
  • On October 16, the Solicitor General’s office drafted and filed an emergency complaint and request for a temporary restraining order under seal in Lafayette in the Western District of Louisiana. The filings were under seal because they involved the sensitive health information of Patient 0.
  • On October 17, the district court entered the temporary restraining order requested by the State stopping ICE from releasing potentially infected detainees without medical clearance by the Department of Health.
  • The district court originally scheduled a preliminary-injunction hearing for tomorrow, October 24, but then delayed that hearing until Thursday, October 31 so that the parties can provide fuller briefing on the issues.
  • Yesterday evening (October 22), at AG Murrill’s request, the district court unsealed the docket in this case, while redacting the health information of Patient 0.

Statement by Attorney General Liz Murrill

“The protection of our southern border is paramount to the security of the United States. It is neither political nor unreasonable that Louisiana has time and time again demanded that the Biden-Harris administration defend this nation. Those not legally present should not be in the country – period. Millions of undocumented illegal aliens continue to pour across the southern border – unidentified, untracked, and untested for diseases that can threaten the lives of American citizens. The federal government has put the health and safety of Louisiana and American people at risk. Despite this dereliction of duty by President Biden, Vice President Harris, and Secretary Mayorkas, Louisiana officials acted immediately to protect our people.”

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