Texas and former Trump adviser Stephen Miller are suing Biden over his controversial “catch-and-release” immigration policy. In the lawsuit, they claim that Biden’s policy puts Americans at a higher risk of COVID-19.

Texas Attorney general Ken Paxton, the Immigrations Reform Law Institute along with Miller’s America First Legal filed the document in federal court.

According to The Washington Examiner:

“By allowing tens of thousands of people to flow across the border, the defendants have increased the public health and safety risk to Texas,” said the request for an injunction.

At issue is the Biden administration’s decision in February to suspend the Trump administration’s policy of returning illegal immigrants during the height of the coronavirus crisis. The Trump team, worried that illegal immigrants would spread the virus, used a provision, Title 42, to block their entry. Biden ended that and has instead released families and unaccompanied children into dozens of major cities.

Texas, IRLI, and America First Legal argued that the new policy will be expensive and would not cause any “harm” to the administration if stopped.

“In this case, the harm to Texas,” said the documents, “is both imminent and irreparable, and could be easily avoided by the defendants’ continuation of practices used prior to the February order. At stake for Texas is the health of the people of Texas. Conversely, there is no harm to the defendants from their resuming their operations as they were prior to the February order. Nor is there any legal harm to persons removed pursuant to those procedures, as such individuals are aliens who lack lawful status in the United States, and whose rights are not being violated.”