Title 42, a pandemic protocol that allows border agents to expel immigrants and asylum seekers, continues to divide Arizona lawmakers and local leaders. This is a public health law regulated by the CDC, which says it is no longer required and ends May 23.

But some lawmakers are increasingly talking about it as a tool for controlling immigration. They argue that removing it would create chaos at the border.

In an op-ed for the Arizona Republic this week, Santa Cruz County Sheriff David Hathaway says Title 42 is actually fueling chaos within the U.S. immigration system. The protocol undermines immigration due process and fuels concern data as the number of people trying to immigrate soars.

Hathaway says Title 42 should end and lawmakers should instead focus on reforming the immigration system both in Washington, D.C. and at the border.

“My colleagues at the border need to strengthen procedures and infrastructure to properly and humanely handle all types of entry applications at the border,” he wrote. “Most importantly, politicians outside of Washington, D.C., should stop coming to the border just to take pictures. I am one of those people desperately looking for a bold leader who will improve border infrastructure and policies this year.”

Over the past two years, border agents have used Title 42 more than 1.7 million times to send migrants back to Mexico or their home countries.

Hathaway is the latest in a growing list of local leaders and legislators who are complicit in the legislation. Arizona Senators Mark Kelly and Kirsten Cinema argue that the Biden administration does not have adequate plans in place to deal with the expected surge in immigration after Title 42. Both have signed legislation that appears to tie the protocol to the issued public health emergency. Due to COVID, analysts argue the move could sustain it for years.

Arizona Attorney General Mark Brunovich and a number of other Republican Attorneys General are also part of a lawsuit seeking to block the May 23 dismissal.