Tuesday’s Supreme Court ruling means that Title 42, the Trump-era border restriction, will continue in force despite legal challenges. This allows federal officials to quickly expel migrants from US borders for at least the next few months.
Republican-led states, who urged the Supreme Court not to block an opinion by a lower court that had ordered the termination of authority, were rewarded with a 5-4 vote. Biden’s administration stated that it was ready for the authority to be ended and had taken precautions to prevent confusion at the border or any possible influx of migrants.
The court agreed in its order to hear the appeals of the state this term. The court stated that it would hear arguments in the case during its February 2023 argument session.
Sonia Sotomayor, Elena Kagan, and Justice, Neil Gorsuch said that they would deny the application. However, they didn’t explain why. Conservative Justice Neil Gorsuch, a conservative justice, also dissented. He explained his reasoning in an order that was joined by liberal Justice Ketanji Brown Jackson.
Gorsuch stated that he “does not discount the concerns of the States” regarding border security. Gorsuch pointed out that Title 42 was created to combat Covid-19 and that the current border crisis “is not a Covid crisis.”
Gorsuch stated that courts should not continue to enforce administrative edicts for one emergency because elected officials failed to address another emergency.
Title 42 allows US border agents to immediately refuse migrants who cross the southern border under the Covid-19 prevention banner.
Public health experts and immigrant immigrants have long deplored the use of the US’s corn border public health authority, saying it was an inexcusable pretext to bar migrants from entering the United States. According to US Customs and Border Protection, more than 2 million migrants have been turned away by the authority in just three years.
The border is crowded with migrants who have been waiting for months in Mexico to be allowed to claim asylum. Despite the efforts of immigrant advocates to communicate updates and information to migrants’, desperation has increased, particularly as temperatures drop.
El Paso in Texas has been the epicenter of the crisis, as thousands of migrants have crossed the border from El Paso. Although the city has opened shelters for migrants at its convention center and hotels, some still have to stay on the streets due to cold temperatures.
The Department of Homeland Security is preparing a plan to end the authority. This includes increasing resources at the border, targeting smugglers, and working with international partners.
“We will continue to control the border but we do this within the limitations of a decades-old immigration program that everyone agrees is broken. The department stated in a statement that Congress must pass comprehensive immigration reform legislation, which President Biden had proposed on his first day in office.
The White House stated that it would follow the order.
“Today’s Order gives Republicans in Congress ample time to move beyond political finger-pointing, and join their Democratic co-workers in solving the problem at our border by passing comprehensive reform measures and delivering additional funds for border security thsecuritydent Biden requested,” White House press secretary Karine Jean Pierre stated in a statement.
When asked by reporters to comment on the ruling, President Joe Biden stated that his administration would enforce the Trump-era restriction on immigration, even though he believes it’s too late to repeal it.
Biden stated that the court would not decide until June, and that n the interim we must enforce it – but I believe it’s past due.” Biden spoke to reporters on the White House South Lawn.
Last week, Elizabeth Prelogar, Solicitor General, acknowledged that it would be difficult to return to traditional border protocols. However she stated, that there is no basis for keeping the Covid-era rules in force.
The government does not seek to minimize the severity of this problem. “But the solution to this immigration problem cannot be to prolong indefinitely any public-health measure, which all now recognize has outlived its publicist justification,” Prelogar stated in a filing to the Supreme Court.
Lawyers from the American Civil Liberties Union representing families under Title 42 had in arguments highlighted the dangers facing asylum seekers and had them sent back to Mexico by American Civil Liberties Union.
Lee Gelernt was the lead counsel in the case for plaintiffs. He stated in a statement that they were “deeply disappointed” with the decision, but would continue fighting to end the policy.
Gelernt stated that while we are disappointed for the many desperate asylum seekers who will continue suffering because of Title 42 we will fight to end it eventually said Gelernt.
Vladeck stated that “this order is procedurally strange in that it agrees with a request for a freeze of a district court decision by states that were not even parties to that determination solely to determine whether they should be allowed to intervene or defend that ruling on appeal.” “Title 42 aside,” this has huge potential consequences for states’ ability to fight to prevent the president from revoking the policies of her predecessors.
The GOP-led states argued that the removal of this authority would cause them to harm due to the influx of immigrants into the United States.
“The border crisis Respondents eagerly and bizarrely seek to cause would also inflict immense harms to the States,” reads the last Wednesday filing.