On Tuesday, Arizona became the first state to sue Joe Biden over his new mandate that forces employers with over 100 workers to force them to either get the vaccine or be subjected to weekly testing. Arizona argued that Biden’s new mandate is an example of federal overreach and is a direct violation of the Equal Protection Clause of the Constitution.

According to reports from Fox News:

“The federal government cannot force people to get the COVID-19 vaccine. The Biden Administration is once again flouting our laws and precedents to push their radical agenda,” Attorney General Mark Brnovich said in a statement.

Specifically, the Arizona lawsuit contrasts the mandates with the lack of mandate for those entering the country illegally via the U.S. southern border, where there has been a surge in migrant encounters – with more than 212,000 in July alone. While approximately 40% of those encounters result an expulsion via Title 42 public health protections, many other migrants have been released into the U.S., which has led to concerns about the risk of potential COVID-19 spread.

“There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border,” Brnovich said.

…

“Although the precise contours of the federal vaccination mandates are not yet clear, the violation of the Equal Protection Clause is already evident and egregious,” the brief says. “In a nutshell: unauthorized aliens will not be subject to any vaccination requirements even when released directly into the United States (where most will remain), while roughly a hundred million U.S. citizens will be subject to unprecedented vaccination requirements.”

The full text of the lawsuit is attached below.