America

US Supreme Court leaves Title 42 in effect until further notice

First modification:

In the United States, the Supreme Court decided to wait until February 2023 to review whether to eliminate Title 42, which has been used since the Trump administration to expel asylum seekers who arrive through the southern US border. Thousands still hold out hope of crossing and fulfilling what they believe to be the American dream.

The Supreme Court of the United States made the decision to maintain for the moment the public health law known as Title 42, a measure that limits immigration and was imposed by the Government of Donald Trump during the pandemic, in March 2020. .

The Court’s ruling was issued on Tuesday and extended the temporary validity that the Chief Justice, John Roberts, issued last week. The case will be debated again in February and will be active until the judges decide on the case.

Under this law, immigration officials have rejected asylum applications around 2.5 million times and rejected the majority of those who have requested it at the border, on the grounds of preventing the spread of the Covid-19 virus.

A group of immigrant advocates filed a lawsuit seeking to end this policy. They argue that it goes against the obligations that the United States and other countries have with people who flee to escape persecution. In addition, they argue that the policy no longer applies, since there are treatments for Covid-19.

The Supreme Court’s decision comes at a time when thousands are waiting on the Mexican side of the border. This large influx has caused shelters to be overcrowded as migrant advocates scramble to find ways to serve them.

For his part, the president of the United States, Joe Biden, told the media that it was likely that the Supreme Court would take until June to determine the future of the measure.

What does the Court’s decision say?

The ruling says that the high court will review whether the states have any right to intervene in the legal fight over Title 42. Both the federal government and immigrant advocates argue that the states took too long to intervene and even that they do not have legitimacy enough to do so.

File-General Image of the United States Supreme Court.  In Washington, on October 18, 2021.
File-General Image of the United States Supreme Court. In Washington, on October 18, 2021. © J. Scott Applewhite / AP

Justices Neil Gorsuch and Ketanji Brown Jackson voted against it, saying the Court would find that states have a right to intervene and that “the emergency on which those orders were based is long overdue.” They added that the “current border crisis is not a Covid-19 crisis.”

A federal judge, who deals with emergency matters that reach federal courts, agreed in November of this year with immigrant advocates and set a December 21 deadline to end the policy.

Following this decision, conservative-leaning states went to the Supreme Court where they warned that an increase in immigration would put public services at risk and cause “unprecedented calamity.”

One of the issues that the Court must resolve is whether states should be allowed to intervene in the lawsuit. Another group of red states succeeded in getting a lower federal district to issue a court order preventing the end of the restrictions after the US Centers for Disease Control and Prevention announced in April that it was ending its use of the policy.

The states that seek to maintain Title 42 accuse the Joe Biden administration of not seeking solutions to the immigration crisis and of not trying to stop the large number of people arriving at the US southern border.

At the border, migrants are still waiting for a solution

Miguel Colmenares, a Venezuelan migrant who is in the Mexican border city of Tijuana, said: “It breaks my heart that we have to keep waiting. I don’t know what I’m going to do, I don’t have money and my family is waiting for me.”

A member of the Texas National Guard stands guard on the banks of the Rio Grande, the border between the United States and Mexico, with the purpose of reinforcing border security and inhibiting the crossing of migrants into the United States, after the Supreme Court of Justice of The United States said Title 42 should remain as it is for now, as viewed from Ciudad Juárez, Mexico December 20, 2022.
A member of the Texas National Guard stands guard on the banks of the Rio Grande, the border between the United States and Mexico, with the purpose of reinforcing border security and inhibiting the crossing of migrants into the United States, after the Supreme Court of Justice of The United States said Title 42 should remain as it is for now, as viewed from Ciudad Juárez, Mexico December 20, 2022. © Reuters/Carlos Barria

For his part, Enrique Lucero, director of immigration affairs in Tijuana, ruled that it was “absurd” that Title 42 was still in force. In addition, he noted that the city had a large backlog of US asylum seekers, and that the measure had “to go away sooner or later.”

From the White House, the press secretary, Karine Jean-Pierre, said that the Biden government would respect the ruling, but added that Title 42 should not remain in force indefinitely. “To really fix our broken immigration system, we need Congress to pass comprehensive immigration reform measures,” she said.

US Border Patrol agents apprehended a record 2.2 million migrants at the border in fiscal year 2022, which ended Sept. 30. About half of those arrested were quickly removed under Title 42.

Joe Biden has wanted to lift the restriction but is waiting for the US Congress to legislate on the matter and settle the immigration issue once and for all.

With AP and Reuters

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