SCOTUS Temporarily Puts Stop on Title 42 Termination

SCOTUS Temporarily Puts Stop on Title 42 Termination

( – Title 42 is a public health code employed during the pandemic to exclude immigrants from the US. Enacted by former President Donald Trump, the policy, in concert with the Migrant Protection Protocols, unofficially called the Remain in Mexico policy, requires border patrol agents to send all asylum seekers back across the Mexican border to wait for their day in court. The Biden administration tried to end the health policy, but border states pushed back. Now, the policy decision is in the US Supreme Court’s hands.

The Biden administration has pushed to end Title 42 since early 2022. After legal battles, a court ordered the discontinuation of the policy on December 21. But Republican-led states appealed the decision to the US Supreme Court.

On December 19, Chief Justice John Roberts temporarily stayed the lifting of Title 42 provisionally. He then referred the case to the full court for a decision on whether it would take on the matter in 2023. In a decision on December 27, the court voted 5-4 to hear arguments during the next session. The order will keep the policy active until the Justices make a final ruling.

White House Press Secretary Karine Jean-Pierre responded to the court’s decision the same day, stating the administration would comply and continue to honor Title 42. In a statement, she also assured Americans the White House is working on plans for handling the border situation when the policy ends because Title 42 isn’t “an immigration enforcement measure.”

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