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Supreme Court halts Biden administration termination of Title 42 : NPR


A Border Patrol agent checks the passport of an asylum seeker after she turned herself in, in Eagle Pass, Texas, on December 19.

Veronica G. Cardenas/AFP via Getty Images


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Veronica G. Cardenas/AFP via Getty Images


A Border Patrol agent checks the passport of an asylum seeker after she turned herself in, in Eagle Pass, Texas, on December 19.

Veronica G. Cardenas/AFP via Getty Images

EL PASO, Texas — The U.S. Supreme Court, in a 5-4 ruling on Tuesday, approved the GOP’s request to block the narrowing of Title 42 immigration policy — and agreed to decide in the session. debated in February whether 19 states opposing the policy should be allowed to intervene to defend it in lower courts.

Conservative justice Neil Gorsuch joined three court libertarians in dissent.

“The current border crisis is not a COVID crisis,” he wrote in his dissent. “And the courts shouldn’t be in the business of maintaining administrative orders designed for one emergency just because elected officials failed to deal with another emergency. We are the courts of legislation, not the ultimate policy maker.”

Under Title 42, immigration authorities can quickly deport many of the migrants they encounter — without giving them a chance to claim asylum or other protections under U.S. law. The restrictions were introduced by the administration of former President Donald Trump as a public health order in March 2020 when COVID-19 was just beginning to break out in the country.

On Tuesday, the Supreme Court ordered that pandemic-induced border restrictions on migrants seeking asylum known as Title 42 continue.

Under Title 42, immigration authorities can quickly deport many of the migrants they encounter — without giving them a chance to claim asylum or other protections under U.S. law. The restrictions were introduced by the administration of former President Donald Trump as a public health order in March 2020 when COVID-19 was just beginning to break out in the country.

In November, Federal District Judge Emmet Sullivan ruled that Title 42 was illegaland set it to end on December 21. But the Supreme Court halted that ruling on December 19. On Tuesday, the court said that while the government cannot repeal Title 42, it is not prevented from “taking any action regarding that policy.”

It was a victory for the Republican attorney general, who asked the court to keep the restrictions in place, not because of the public health emergency, but because they said removing the restrictions could cause a wave of illegal immigration.

Immigration advocates have argued that Title 42 is intended to prevent asylum seekers from accessing protections on the pretext of protecting public health. In a recent filing with the Supreme Court, the ACLU argued that no matter how migration and refugee flows are ultimately handled, it “cannot pass through insincere invocation of medical laws.” National public health in the absence of any established public health rationale, disproved by the CDC itself.”

Reality at the border

Meanwhile, migrants continue to reach the southern border in large numbers, and the Biden administration has yet to announce a long-term plan for asylum.

In El Paso, daily arrivals are declining, but shelters are still operating at full capacity. Hundreds of migrants ended up in the streets, and The mayor has declared a state of emergency.

The city is converting its convention center and two vacant schools into temporary shelters with the goal of providing 10,000 beds for migrants. However, the first priority is to move people out of the city quickly. Several nonprofits are ferrying some migrants to larger Texas airports, which have more flights to the destinations people are trying to reach around the country.

Texas Governor, Republican Greg Abbott, is also transporting migrants by bus, but reportedly only to so-called “sanctuary cities” such as Chicago and New York. And those cities are bracing for an increase in arrivals.

KTEP’s Angela Kocherga contributed to this story.

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