Funviralpark Supreme Court on Tuesday allowed U.S. border agents to continue deporting immigrants under a policy known as the title 42 Allow petitions from Republican-led states indefinitely to prevent the Biden administration from immediately ending pandemic-related measures.
The High Court decided to hear requests from 19 Republican-led states that were trying to delay the end of Title 42.
The Supreme Court is expected to hear debate on whether to allow Republican-controlled states to defend the legality of Title 42 during its February 2023 hearing. In the meantime, the court agreed to suspend the use. lower court order Disabled the banishment policy. That means Title 42 is likely to live for several months before a High Court reexamination.
Title 42, which first came into force in March 2020 when the COVID-19 pandemic began, is a public health law that dates back to the 19th century.
Federal border officials have said they have deported migrants to Mexico or their home countries 2.5 million times without allowing them to claim asylum, a right set out in U.S. and international refugee law.
Getty Images
Senior U.S. Centers for Disease Control and Prevention officials under the Trump and Biden administrations say Title 42 was designed to curb the spread of the coronavirus by restricting the entry of immigrants. The basis for the above fought by outside experts and CDC’s own scientists.
Liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown-Jackson joined conservative Justice Neil Gorsuch in opposing the Republican-led state’s request. Gorsuch, in a dissenting opinion joined by Jackson, wrote that it was inappropriate for the Supreme Court to maintain deportation from the border, and that Republican states were “not justified in public health justification under Title 42 orders.” I have not seriously objected to the Revoked. ”
Gorsuch acknowledged state concerns that the end of Title 42 could spur a surge in migrant arrivals, but said, “The current border crisis is not the COVID crisis.”
Federal courts should “should not work to perpetuate an executive order designed for one emergency just because elected officials failed to deal with another. Yes, and not a policy maker of last resort.”
In a statement Tuesday, White House spokeswoman Karine Jean-Pierre said the administration would follow the Supreme Court ruling. asked the parliament to pass
“At the same time, we are preparing to manage our borders in a safe, orderly and humane manner when Title 42 is finally lifted and we continue to expand legal channels for immigration,” said Jan. =Pierre added. “Title 42 is a public health measure, not an immigration measure, and should not be extended indefinitely.”
Asylum seeker advocates say high crime rates, including kidnapping, will continue to put migrants at risk of victimization in areas of Mexico where the State Department advises Americans not to visit, Tuesday. He strongly criticized the judgment.
“Retaining Title 42 means more suffering for desperate asylum seekers, but we hope this proves to be only a temporary setback in court challenges. .
For nearly three years, the United States has used Title 42 to expedite the majority of adult immigrants who have stopped along its southern border from Mexico and the Northern Triangle of Central America. Although it has reversed some of Trump-era asylum policies, the Biden administration is relying on Title 42 as its primary border enforcement tool amid record levels of immigration unrest reported in 2021 and 2022. .
In fiscal 2022, in the 12 months ending September 30, federal officials conducted a record 2.3 million immigration interceptions along the U.S.-Mexico border, of which just over 1 million were deported under Title 42. It is said that it was connected to to Customs and Border Protection statistics.
On paper, Title 42 applies to all immigrants who are not authorized to enter the United States, but not everyone faces deportation for diplomatic and logistical reasons, as well as policy decisions. is not.
For example, the Biden administration excluded some groups from Title 42, including unaccompanied children, Ukrainian refugees, and asylum seekers deemed vulnerable.
In addition, the Mexican government generally accepts the return of its own citizens, as well as immigrants from Guatemala, Honduras, El Salvador and, more recently, Venezuela, resulting in people of these nationalities facing disproportionate numbers of deportations to Mexico. I’m facing
Deportations to Cuba, Nicaragua and Venezuela, which see record numbers of their citizens fleeing to the United States to escape economic and political turmoil, are restricted by authoritarian governments. or rejected. On the other hand, repatriation flights to other faraway countries are more expensive and less frequent.
This means that most immigrants not from Mexico or the Northern Triangle of Central America will not face deportation under Title 42 and will instead be processed under U.S. immigration law where they can seek asylum. In many cases, they are released with a court notice or instructions to check in with an immigration officer at their respective U.S. destination.
Tuesday’s Supreme Court order is the latest twist in the complex Title 42 legal battle being waged in federal courts across the country between the Biden administration, conservative states and groups that help asylum seekers. .
Title 42 had insisted the coronavirus must be contained for two years, but the CDC announced in April that it would stop approving deportations, prompting an improvement in pandemic conditions, including increased vaccination rates in immigrant hometowns. It said that this measure was no longer necessary because
But Title 42 ends this spring Blocked for procedural reasons By a federal judge in Louisiana at the request of the Coalition of Republican Attorneys General. The Biden administration has appealed, but the case has not been resolved.
/ Getty Images
In November, a federal judge in Washington, D.C. disabled title 42agreed with the American Civil Liberties Union in a separate lawsuit that the government did not adequately describe the public health benefits of the rule or consider its impact on asylum-seeking immigrants.
Despite disputing the ruling’s claim that Title 42 was illegal, the Biden administration agreed to call off the expulsion on Dec. 21. But this spring, a coalition of Republican-led states suing over the termination of Title 42 moved to intervene in the case to keep the ban indefinitely.
Alabama, Alaska, Arizona, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia The states, West Virginia and Wyoming, argue that ending Title 42 will exacerbate the humanitarian crisis along their southern borders.
The Biden administration also predicts a surge in immigrant arrivals, at least in the short term, once Title 42 is lifted. Some immigrants will still face rapid exclusion once Title 42 expires.
While Republican lawmakers and some moderate Democrats have described Title 42 as an effective means of curbing illegal immigration, the policy significantly increased the number of repeated border crossings by immigrants deported to Mexico. Increased.Expulsion from the United States
Camilo Montoya Galvez
