SCOTUS Rules Title 42 Must Stay In Effect

SCOTUS Rules Title 42 Must Stay In Effect

SCOTUS Rules Title 42 Must Stay In Effect

The Biden Administration just lost a significant battle. Title 42 will stay in place per this afternoon’s ruling by SCOTUS.

The Supreme Court said Tuesday that the controversial Trump-era border restriction known as Title 42 will remain in effect while legal challenges play out, a move that ensures that federal officials will be able to continue to swiftly expel migrants at US borders at least for the next several months.

The 5-4 order is a victory for Republican-led states that urged the Supreme Court to step in and block a lower court opinion that ordered the termination of the authority. The Biden administration has said it was prepared for the authority to end and had put in place precautions to guard against confusion at the border and any potential surge of migrants.

SCOTUS DID tell the Biden Administration they would hear arguments for and against during their regular court period starting in February. Does that mean a ruling would happen right after that? Or would the ruling be made public in June as SCOTUS usually does? Who knows. 

What we DO know is that the border is a sieve right now. The numbers of illegals that our Border Patrol miss is probably more than we think, but with CBP’s resources strained to the breaking point … it’s all they can do to gather up the ones they find and process them. Needless to say, the numbers aren’t pretty. 

A quick reminder via the folks at SCOTUS blog as to the reason Title 42 was put in place. 

The federal law at the center of the case is known as Title 42 of the Public Health Services Act. It gives the Centers for Disease Control and Prevention the power to bar the entry of individuals into the United States to protect the public from contagious diseases. In March 2020, citing the COVID-19 pandemic, the Trump administration relied on Title 42 to suspend the entry of migrants at the Mexico and Canada borders. The policy allowed U.S. officials to turn back migrants quickly, without giving them an opportunity to seek asylum in the United States.

Sounds very reasonable doesn’t it? We were dealing with a lot of unknowns early in the pandemic, so trying to protect American citizens and illegals from the virus was in order. However, as Joe Biden himself declared, we are beyond the pandemic, so is Title 42 necessary? The Biden Administration doesn’t think so, but the many states who brought the lawsuit do. 

Which explains why, in the tweet regarding December numbers, only 2100 illegals were sent back using Title 42. If Mexico and other countries refuse to accept those illegals back into their home countries, what is to be done? How many of the illegals who arrived on Kamala’s doorstep on Christmas Eve should’ve been expelled under Title 42, but their home countries said no?

Interestingly, Justice Neil Gorsuch wasn’t a fan of keeping Title 42 in place. And you know, in my opinion, he makes a VERY good point!

Gorsuch wrote that the court’s action was designed to help avert a crisis at the border, but that was not the role of judges.

“The current border crisis is not a COVID crisis,” Gorsuch wrote. “And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.”

Yes, the Supreme Court should NOT be the place to make policy. Period. SCOTUS is there to rule on the legalities of Title 42, period. They are to rule on the LEGAL merits. Not issue rulings that completely change a policy. That is the job of Congress. If Congress wants to change Title 42 then they need to get off their asses and get to work on this. 

El Paso is overrun with illegals. Over 80,000 illegals entered the U.S. in the last four months, that we know of. El Paso had to issue an emergency declaration and people are now sleeping on the streets as they have nowhere else to go.

So, is it a good thing that Title 42 stays in place for now? Certainly the states that brought the lawsuit likely believe so. Meanwhile, the Biden Administration isn’t thrilled

Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely. To truly fix our broken immigration system, we need Congress to pass comprehensive immigration reform measures like the ones President Biden proposed on his first day in office. Today’s order gives Republicans in Congress plenty of time to move past political finger-pointing and join their Democratic colleagues in solving the challenge at our border by passing the comprehensive reform measures and delivering the additional funds for border security that President Biden has requested.

And DHS has issued a statement.

Congress has been Democrat run for TWO years now. Blaming  Republicans when Democrats have had multiple chances to change Title 42 is proof that the Democrats don’t care about the border nor the dangers of illegal immigration. 

Welcome Instapundit Readers!

Feature Photo Credit: Border Patrol vehicle drives along WALL via Shutterstock, cropped and modified 

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