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Immigration


SUPREME COURT TEMPORARILY BLOCKS END OF TITLE 42 TRUMP-ERA IMMIGRATION POLICY


GOP-LED STATES ARE ASKING THE HIGH COURT TO PREVENT TITLE 42, A POLICY THAT
ALLOWED ASYLUM-SEEKERS TO BE QUICKLY EXPELLED, FROM BEING UNWOUND

BY REBECCA SANTANA • PUBLISHED DECEMBER 19, 2022 • UPDATED ON DECEMBER 19, 2022
AT 10:16 PM


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Chief Justice John Roberts placed a temporary hold on a lower court ruling that
would end a Trump-era immigration policy implemented during the pandemic to
allow asylum-seekers to be quickly turned away at the border.

 The Supreme Court is temporarily blocking an order that would lift pandemic-era
restrictions on asylum seekers but the brief order leaves open the prospect that
the restrictions in place since the coronavirus pandemic began and have been
used to turn back hundreds of thousands of prospective asylum seekers could
still expire on Wednesday.

The court's decision comes as officials and aid groups along the border are
trying to prepare for whatever changes may or may not come Wednesday.

In the city of El Paso, Mayor Oscar Leeser said they've received information
from Border Patrol and shelters just across the border in Mexico indicating that
up to 20,000 migrants might be waiting to cross into El Paso. The Red Cross has
brought 10,000 cots to help with the increase, he said.

The order Monday by Chief Justice John Roberts — who handles emergency matters
that come from federal courts in the nation’s capital — comes as conservative
states are pushing to keep the limits on asylum seekers that were put in place
to stem the spread of COVID-19. The states appealed to the U.S. Supreme Court in
a last-ditch effort before the restrictions are set to expire Wednesday, saying
that lifting the limits on asylum seekers would cause irreparable harm to their
states.

> Get Connecticut local news, weather forecasts and entertainment stories to
> your inbox. Sign up for NBC Connecticut newsletters.



In the one-page order, Roberts granted a stay pending further order and asked
the government to respond by 5 p.m. Tuesday. That is just hours before the
restrictions are slated to expire on Wednesday.

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The public health rule known as Title 42 was used during the pandemic to block
more than 1.7 million attempts to enter the U.S.

The order by Roberts means the high-profile case that has drawn intense scrutiny
at a time that the Republicans are set to take control of the House and make
immigration a key issue will go down to the wire.


U.S. & WORLD



Health & Wellness 8 hours ago


WALGREENS, CVS LIMIT SALES OF CHILDREN'S MEDICATIONS AMID ‘TRIPLEDEMIC'

Joe Biden 8 hours ago


AT HANUKKAH EVENT, BIDEN CONDEMNS ‘VENOM' OF ANTISEMITISM

The immigration restrictions, often referred to as Title 42, were put in place
under then-President Donald Trump in March 2020 and have prevented hundreds of
thousands of migrants from seeking asylum in the U.S. in recent years. But as
they’re set to expire, thousands more migrants are packed in shelters on
Mexico’s border with the U.S.

Conservative-leaning states have argued that lifting Title 42 will lead to a
surge of migrants into their states and take a toll on government services like
health care or law enforcement. They also charge that the federal government has
no plan to deal with an increase in migrants.

“This Court’s review is warranted given the enormous national importance of this
case. It is not reasonably contestable that the failure to grant a stay will
cause an unprecedented calamity at the southern border,” the states wrote in
their request Monday.

Immigration advocates have said that the use of Title 42 goes against American
and international obligations to people fleeing to the U.S. to escape
persecution. And they’ve argued that things like vaccines and treatments for the
coronavirus have made the policy outdated. They sued to end the use of Title 42;
a federal judge in November sided with them and set the December 21 deadline.

Immigration advocates weighed in on Roberts' order. In a statement, Krish O’Mara
Vignarajah, the President and CEO of Lutheran Immigration and Refugee Service,
called the decision “deeply regrettable.”

“The Biden administration must make a full-throated defense of our humanitarian
obligations in the face of politically motivated litigation. Title 42 has never
been grounded in any public health rationale," Vignarajah said in a statement
late Monday. “Title 42 has only driven up repeat attempts to cross the border
and lined the pockets of cartel smugglers who prey on vulnerable asylum
seekers.”

In a statement late Monday the Department of Homeland Security, which is
responsible for enforcing border security, said as Title 42 is still in effect
people who try to enter the U.S. “unlawfully” will be expelled to Mexico.

“While this stage of the litigation proceeds, we will continue our preparations
to manage the border in a safe, orderly, and humane way when the Title 42 public
health order lifts,” the statement read.

In the leadup to the end of Title 42, administration officials said they have
surged more resources to the southern border, including more border patrol
processing coordinators, more surveillance and increased security at ports of
entry. About 23,000 agents are currently deployed to the southern border,
according to the White House.

Before the Supreme Court weighed in, White House officials stressed Monday that
the administration was bound by a court order to lift the pandemic-era border
policy, despite urging from Republicans and some Democrats in Congress to extend
it.

“The removal of Title 42 does not mean the border is open,” White House press
secretary Karine Jean-Pierre said.

Jean-Pierre said the administration has “additional robust planning underway”
and pushed Congress to approve $3.5 billion in more funding for DHS as lawmakers
continue to haggle over details for a massive year-end spending bill.

That money for DHS would expand transportation capabilities so migrants can
either be moved to less crowded border facilities, or be quickly removed if they
have no legal grounds to stay. It would also fund more holding facilities, help
speed up the processing of asylum claims and hire 300 more additional border
patrol agents.

In the border communities, officials and aid groups have been preparing for the
end of Title 42 as well and doing so at a time when temperatures are expected to
drop as an Arctic blast sweeps south.

The top elected official in Hidalgo County, Judge Richard Cortez, said in the
Texas border community of McAllen Border Patrol agents have been meeting with
city and county officials, including in Mexico, to prepare for an influx of
migrants crossing the border once the Title 42 policy ends. He's concerned about
where migrants will be able to sleep or get a warm meal and making sure the
bridge connecting the U.S. and Mexico remains open to commercial traffic.

“If they get overwhelmed at the ports of entry, they’re just going to turn them
loose ... and so where are they going to sleep at night, where are they going to
eat? It just puts us in an unknown situation. What do we prepare for?" he said.
"We’re going to do the very best we can. To me, I don’t know why Congress has
not sat down and tried to improve the situation.”

--------------------------------------------------------------------------------

Associated Press reporters Seung Min Kim in Washington and Sean Murphy in
Oklahoma City contributed to this report.

Copyright AP - Associated Press

THIS ARTICLE TAGGED UNDER:

ImmigrationSupreme CourtJohn Roberts


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