Chief Justice John Roberts Freezes The Order To Terminate Title 42 For Now!
Title 42: The contentious Trump-era immigration program known as Title 42 was scheduled to terminate on December 21. Still, Chief Justice John Roberts of the Supreme Court put a temporary hold on it on Monday, keeping it in place for the time being.
However, in a brief order, Roberts indicated that the court intends to move swiftly and requested that the Biden administration answer an emergency appeal submitted by several Republican-led states by 5 p.m. ET on Tuesday.
Roberts’ quick decision ensures that the policy allowing border agents to deport migrants quickly would remain at least until the justices rule on the emergency application. The verdict of the case is not necessarily reflected in the order.
In an urgent attempt to preserve in place a Trump-era immigration policy that is scheduled to be repealed on Wednesday, the states had rushed to the Supreme Court earlier in the day. Last month, a federal district court judge declared Title 42 “arbitrary and capricious” and revoked the regulation.
According to the judge, the program might continue to be in place until December 21. As the subject of immigration continues to enflame both sides of the political divide, federal officials and border communities have already begun preparing for an expected rise in migrant arrivals as early as this week.
In preparation for the program’s demise, the Department of Homeland Security has been putting together a plan that calls for increasing resources at the border, focusing on smugglers, and collaborating with foreign partners.
Attorney General of Arizona Mark Brnovich, who took the lead for the states, stated earlier on Monday that “getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” adding that “illegal crossings are estimated to surge from 7,000 per day to as many as 18,000.”
In court documents, Brnovich had urged the justices to stay the lower court’s decision. He said that as an alternative, the judges should issue an “urgent” temporary injunction to preserve the current situation and consider whether to forego the appeals court and agree to hear arguments on the matter’s merits directly.
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Because the States suffer the brunt of many of the adverse effects of illegal immigration, Brnovich claimed that refusing to allow someone to stay would cause enormous, irreparable injury to the States.
The DC Circuit US Court of Appeals ruled against the states late Friday night, saying they had waited an “inordinate” amount of time before attempting to intervene. The emergency motion to the high court, sent to Roberts, who is in charge of the DC-based appellate appeals court that rendered the decision in the case, was prompted by that order.
Roberts will probably recommend the case to the entire court. The policy’s critic, Stephen Yale-Loehr of Cornell Law School, said, “This is a chronic problem. More people are escaping persecution, gang violence, failed states, and climate change than ever before.”
A federal appeals court was right to deny a request to delay the end of Title 42.
This inhumane policy has only created more disorder and sent children and families directly into harm's way. https://t.co/SEyvTORtMN
— ACLU (@ACLU) December 19, 2022
He said, “Even without Title 42, we would have more people trying to enter the United States than ever before.” According to Yale-Loehr, “Title 42 is not an efficient strategy to manage our borders; instead, we need to pass immigration reform in the United States and collaborate with other nations so that people don’t feel such a strong desire to emigrate in the first place.”
According to officials, the US Centers for Disease Control and Prevention issued a public health order in the early stages of the coronavirus pandemic to halt the spread of Covid-19. When the Trump administration announced them, the border limitations generated controversy.
GREAT news: The Supreme Court temporarily stopped the Biden admin’s dangerous decision to end Title 42.
Proud of Texas for joining this appeal to save our communities from even more chaos. https://t.co/AWvTRYm8JY
— Michael McCaul (@RepMcCaul) December 19, 2022
Six illegally crossing the US-Mexico border families involved in the Title 42 procedure made the initial complaint in the current case. According to court documents, Covid-19 was always a flimsy cover for tightening immigration control according to their American Civil Liberties Union attorneys.
According to Lee Gelernt, an ACLU attorney representing the migrant families in the lawsuit, “there is no legal basis to employ a putative public health measure to displace the immigration laws long after any public health purpose has expired.”
As predicted, here's an emergency application from 19 (red) states asking #SCOTUS to prevent the "Title 42" immigration policy from ending on Wednesday, even though the D.C. Circuit held that these states could *not* intervene in the underlying lawsuit:https://t.co/pp4TEfXKJR
— Steve Vladeck (@steve_vladeck) December 19, 2022
The Biden administration has said it is willing to allow the program to end and has objected to the states’ attempts to intervene in the ongoing dispute. However, it emphasizes that it is still appealing the district court’s ruling to protect the government’s ability to impose public health orders in the future.
Before the rule’s anticipated expiration, the government would provide further information on its plans on Tuesday, according to White House press secretary Karine Jean-Pierre, who also reaffirmed that the US would continue to enforce its immigration rules despite the present influx.
BREAKING: U.S. Supreme Court Chief Justice Roberts has HALTED the lifting of Title 42 for now.
Texas and other states are insisting that the Court leave Title 42 in place.
Today's order is a step in that direction.
This helps prevent illegal immigration.
— Greg Abbott (@GregAbbott_TX) December 19, 2022