On Monday, three states filed a lawsuit against the White House over its plan to revoke Title 42, a policy that empowers border authorities to expel or turn away illegal immigrants crossing the border to seek asylum. The Hill reported:

Missouri, Arizona and Louisiana filed the suit after the Biden administration on Friday announced it would lift the order on May 23.

The suit seeks to block the lifting of Title 42 by arguing the Centers for Disease Control and Prevention (CDC), which issued the order, violated the Administrative Procedures Act by failing to allow for a comment period on its revocation.

The suit alleges that doing away with Title 42 would result in yet another surge of migrants at the southern border. This could further overwhelm Customs and Border Protection (CBP) and other agencies, which are already stretched thin because of Biden’s ongoing migrant crisis.

“Defendants’ unlawful termination of the Title 42 policy will induce a significant increase of illegal immigration into the United States, with many migrants asserting non-meritorious asylum claims,” the lawsuit explains. “The Termination Order will create an unprecedented surge at the border that will overwhelm Defendants’ capacity to enforce immigration laws at the border.”

The federal judge presiding over the case is expected to rule against the Biden administration. The White House indicated on Wednesday that it would abide by the court’s ruling, which is a victory for Republicans.

The GOP also scored a victory late last year after filing a lawsuit preventing Biden from rescinding the Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy. This measure required migrants seeking asylum to wait in Mexico for their cases to be adjudicated. Prior to this, the administration used the “Catch and Release” policy, in which migrants would be allowed to remain in the United States while awaiting their court dates. The problem is that many never showed up and have stayed in the U.S. illegally.

Under former President Donald Trump, MPP cut down on the number of migrants coming into the U.S. Biden’s decision to end the program was likely one of several factors motivating the swarms of migrants to surge at the southern border. So far, the administration has not succeeded at ending the program.

Texas also filed a lawsuit recently seeking to strike down a rule allowing people seeking asylum to avoid being deported, according to Fox News Digital. From the report:

The suit seeks to block a DHS policy that seeks to change the processing system for immigrants who claim “credible fear” of persecution in their home countries. Current law states that immigration judges handle such cases, but the DHS rule, which would take effect May 29, transfers that authority to asylum officers.

The policy would also give asylum officers authority to parole – otherwise known as release – asylum seekers into the U.S. if they deem that detaining the migrant during the proceedings is “impracticable.”

In the suit, Texas alleges:

“The Interim Rule transfers significant authority from immigration judges to asylum officers, grants those asylum officers significant additional authority, limits immigration-judge review to denials of applications, and upends the entire adjudicatory system to the benefit of aliens.”

The suit also points out that this policy change will ensure that more migrants are released into Texas, which means more of a drain on the state’s resources.

These are only a few examples showing how Republicans are pushing back against President Biden’s open borders initiative despite not yet having control of Congress. If the GOP retakes the House and the Senate, it might be in an even better position to hamper Biden’s effort to bring in as many legal and illegal immigrants as possible before his term is up. They may not be able to stop the president in his tracks, but they can certainly make his job harder.