On Tuesday, the Supreme Court upheld the Trump administration’s immigration policy, Title 42, allowing federal officers to continue deportations of unauthorized migrants.
After lower courts concluded Title 42 may come to an end, the Supreme Court agreed, 5-4, to decide later this term whether several Republican-led states should be permitted to intervene in defense of the policy. The policy at the border that permits for rapid expulsions of migrants is being maintained pending the outcome of pending lawsuits, thanks to an order issued by Chief Justice John Roberts.
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The three leftist Justices on the court—Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—joined the dissenting opinion written by Trump appointee Neil Gorsuch.
The states can contest whether the federal government followed proper administrative procedures before making its judgment (an issue on which I express no view). The public health premise that supported Title 42 directives, however, has expired, and this is something they admit. With the expiration of the emergency decrees, “it is not evident why we should rush in to reconsider a determination on a motion to intervene,” Gorsuch wrote.
After 19 states led by Republicans filed an emergency request to keep the policy in place on December 19, Chief Justice John Robert issued a temporary administrative stay preventing the termination of the program, setting the stage for Tuesday’s ruling.
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The Justice Department asked the Supreme Court on December 20 to postpone its decision on whether to end the Title 42 immigration policy until after the Christmas holiday.
The Biden administration hasn’t detailed any structural changes to handle the predicted influx of migrants if the policy expires, but it has hinted that it will rely on Title 8, which expels migrants who can’t prove a legal reason to be in the country.
Saturday, DHS reiterated that “anyone attempting to enter without authority is liable to removal under Title 42,” regardless of the immigrant’s country of origin.
Since its inception in March 2020 as a way to swiftly reject migrants owing to the pandemic, Title 42 has discouraged roughly 2.5 million migrants during a massive rush of border crossings under the Biden administration.
