News - Title 42 Migrant Policy – Supreme Court Delivers Ruling

Title 42 Migrant Policy – Supreme Court Delivers Ruling

Title 42 Migrant Policy - Supreme Court Delivers Ruling

United State Supreme Court has voted to keep title 42 in place for now. The Trump-era policy prevented thousands of people from crossing the United State Mexico border. 

Now title 42 gives the U.S. government the power to automatically expel undocumented migrants seeking entry. The potential lifting of the policy has raised concerns that the number of migrants at the border will increase. 

The Biden administration said that it would comply with the ruling, but it has nonetheless called for reform of the immigration policy. Republicans, on their part, had welcomed this move. They argue that removing title 42 would have made the border crisis worse. 

Now the title 42 policy was originally due to expire on the 21st of December; however, two days before the deadline, the U. S. Supreme Court blocked its termination. 

The court decision was in response to an emergency appeal for some Republican states who asked for the policy to remain in place. 

The title has been evoked about 2.5 million times since march 2020. On Tuesday, the Supreme Court voted five to four to extend the temporary stay order by Justice Roberts while the case moves forward. 

Additionally, the nine Supreme Court Justices will now hear the arguments on whether the states can intervene in defense of the policy. 

Arguments will likely be held in February or March 2023, and a decision is due by the end of June. This decision comes as a blow to immigration activists who would soon like to end title 42.

Illegal migrants at the US border
Illegal migrants at the US border

They argue that it is contrary to international obligations on asylum. Meanwhile, President Biden has said that Court won’t decide on the case until June. The pandemic era restriction on immigration, known as title 42, will remain in place. 

President Biden says ending the policy is overdue. For several hundreds of asylum seekers who recently crossed the southern border and many more waiting in Mexico, the Supreme Court ruling indicates the trump-era policy that allows the U.S. to quickly expel those who cross the border remains in effect for now in the 5-4 decision. 

Justice Neil Gorsuch dissented, writing the policies fate should fall on elected officials. “We are a Court of law, not policymakers of last resort.” 

Dylan Corbett is among the immigrant advocates who argue title 42 has denied entry to those who do qualify for asylum or let others attempt repeated or more dangerous crossings. 

Since the policy was placed, more than 2 million asylum seekers have been stopped from entering the US. But 19 Republican-led states argued that lifting the policy would lead to an even greater number of migrants crossing the border onto cities where shelters are overcrowded as they were during a September spike in border crossings. 

Title 42 likely will remain in effect until the Supreme Court makes a final decision, possibly next summer. 

A Brief about title 42

Title 42 is a U. S. law that deals with the illegal entry of migrants from Mexico and other countries to expel them immediately. 

Title 42 also deals with public health, social welfare, and civil rights. It gives the federal government the ability to take emergency action to keep communicable diseases like covid 19 out of the country. 

If title 42 ends, the number of southern border crossings is expected to double. Although this doesn’t necessarily mean that the number of crossers staying in the U. S. will quadruple as half were being turned back under title 42.

In my opinion, it has both pros and cons. Currently, the attitude amongst the immigrants is that they won’t be released into the interior to await immigration proceedings. 

It is well known that if an immigrant can make it into the U.S., then they can more often than not disappear and live legally. If title 42 is repealed, then it will likely change that attitude and invite a larger surge at the border. 

In addition, it’s just preposterous that if the covid threat is still so high as to require Americans to mask up on public transportation or anywhere really, the covid threat can also be so low that safeguards are no longer necessary for immigrants. It boils down to optics and consistency.

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Pooja Srivastava

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