Biden admin asks SCOTUS to deny Republican states’ request to keep Trump border Policy

 December 21, 2022

The Department of Justice (DOJ) of the Biden administration requested the Supreme Court on Tuesday to reject a plea from Republican states to maintain Title 42, a program used by the Trump administration to deport some illegal immigrants in order to slow the spread of COVID-19.

According to The Daily Caller's report, a federal judge recently decided to terminate a significant Trump administration border policy on December 21. On Monday, more than a dozen Republican attorneys general requested the Supreme Court to get involved.

According to the court document, the DOJ requested the Supreme Court on Tuesday to take into account maintaining Title 42 in effect until December 27 or earlier if it can rapidly intervene.

“The government recognizes that the end of the Title 42 orders will likely lead to disruption and a temporary increase in unlawful border crossings. The government in no way seeks to minimize the seriousness of that problem," the DOJ wrote to the high court.

But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification. Instead, it is to rely on the immigration laws Congress has prescribed in Title 8,” the filing went on.

“If applicants are dissatisfied with the immigration system Congress has prescribed in Title 8, their remedy is to ask Congress to change the law — not to ask this Court to compel the government to continue relying on an extraordinary and now obsolete public health measure as de facto immigration policy,” it added.

Prior to this, a federal judge rejected Republican states' bid to maintain the program.

Republican states are reiterating their calls to maintain the order, claiming that doing so will only exacerbate the already massive surge in illegal immigration at the southern border, where U.S. Customs and Border Protection (CBP) encountered a record-breaking number of more than 2.3 million migrants in fiscal year 2022.

“Such a stay is particularly appropriate given the enormous harms that would otherwise be inflicted upon the States and further because there is not the slightest indication that DHS could ever meaningfully remedy those harms after they have occurred,” the Republican states wrote to Supreme Court Chief Justice John Roberts Monday.

In a Tuesday filing to the Supreme Court that was independent from the DOJ's, the American Civil Liberties Union (ACLU) also sought to prevent the Republican states from maintaining Title 42.

“Their concerns arise not from COVID-19, but from immigration itself — and that is a matter to take up with Congress, not this Court," the ACLU argued.

The States’ silence about COVID-19 speaks volumes, given that the entire purpose of the Title 42 policy is supposed to be as a COVID-19 control measure. Indeed, the States themselves recognize that conditions have changed dramatically since the Title 42 policy was first instituted in March 2020,” the group went on.

In October, the Daily Caller reported that according to internal Customs and Border Protection (CBP) data obtained by the DCNF, the number of illegal aliens classified as "special interest migrants" for potential national security hazards jumped by over 600% to 25,627 in fiscal year 2022.

According to the State Department, 60% of the overall illegal immigrants were from Turkey, where it is known that the Islamic State and other foreign terrorist organizations have operations.

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