Supreme Court temporarily allows Title 42 to remain in place

December 28, 2022

The Biden administration has been fighting for months to abolish Title 42, a Trump-era COVID rule which allows the quick removal of illegal immigrants.

That fight saw a major setback this week when the Supreme Court ruled that Title 42 must remain in place while it decides the issue. 

According to Breitbart, America's highest legal body sided with a coalition of 19 Republican state attorneys general who are seeking to have Title 42 remain in effect.

Court split in five to four vote

In a five to four decision, the Court voted on Tuesday to block a lower court decision that would have brought the policy to an end. The justices also decided to review the case in late February.

At issue is whether the 19 state attorneys general have standing to sue on behalf of Title 42, and if the Court decides that they do then the matter will return to the D.C. Circuit appeals court where the states can pursue an appeal.

Breitbart noted that although the decision largely broke down along ideological lines, conservative Justice Neil Gorsuch voted with his liberal colleagues.

"It is hardly obvious why we should rush in to review a ruling on a motion to intervene in a case concerning emergency decrees that have outlived their shelf life," Gorsuch wrote in his dissent.

"And courts should not be in the business of perpetuating administrative edits designed for one emergency only because elected officials have failed to address a different emergency," he continued, adding, "We are a court of law, not policymakers of last resort."

Even some Democrats say Title 42 should remain

As Fox News reported last week, the plaintiffs argue that abolishing Title 42 will massively exacerbate America's ongoing migrant crisis.

"Federal Respondents do not deny that the denial of a stay here will occasion an enormous crisis at the southern U.S. border," their brief was quoted as saying.

"Indeed, they explicitly admit… that a stay denial 'will likely lead to disruption and a temporary increase in unlawful border crossings…'" the attorneys general continued.

For its part, the Biden administration submitted a brief acknowledging "that the end of the Title 42 orders will likely lead to disruption and a temporary increase in unlawful border crossings," adding, "The government in no way seeks to minimize the seriousness of that problem."

Even some Democrats have come out in favor of retaining Title 42, with West Virginia Sen. Joe Manchin telling CBS News earlier this month, "We have a crisis of the border. Everyone can see that."

"I think everyone realizes that something has to be done," he insisted. "It needs to be extended until we can get really, truly immigration reform."

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