The U.S. Supreme Court has maintained Title 42 until the justices may decide whether to suspend or retain the pandemic-era policy.
During the Trump administration, the Centers for Disease Control and Prevention implemented the program, which was set to expire on Wednesday. On Monday, Chief Justice John Roberts of the Supreme Court issued an order staying the lower court’s decision.
Under the public health authority of the CDC, Title 42 permits border patrol agents to turn away migrants, including asylum seekers, at the border.
After the Biden administration indicated earlier this year that the CDC will sunset the program, the decision of whether and when to discontinue the program, which was connected to the COVID-19 pandemic, has been the subject of lawsuits for the last few months.
Senior District Judge Emmet G. Sullivan of the U.S. District Court said that the policy was “arbitrary and capricious in violation of the Administrative Procedure Act,” and that the federal government could not continue the program.
The district court’s decision “further justifies scrutiny given the great national relevance of this case and the catastrophe that a denial of a stay is expected to cause here,” 19 states said in an emergency application for a stay they submitted earlier on Monday as part of the continuing legal battles.
The request for a stay before the Supreme Court was made by the attorneys general of Alabama, Alaska, Arizona, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
In a written statement announcing the emergency stay application, Arizona’s attorney general Mark Brnovich stated that “repealing Title 42 will dangerously and needlessly harm more Americans and migrants by compounding the crisis that is unfolding at our southern border.”
To comment on the choice, the Biden administration has until Tuesday at 5 p.m.
Prior to the announcement, White House press secretary Karine Jean-Pierre stated that the U.S. Department of Homeland Security was “surging resources to the border” in preparation for the anticipated Wednesday termination of Title 42.
However, Jean-Pierre urged Congress to approve $3.5 billion in additional funding to help the federal government deal with an anticipated rise in the number of migrants seeking asylum at the U.S.-Mexico border. He claimed the Biden administration had “additional, robust planning underway” for the end of the public health designation.
According to Jean-Pierre, more money was required to eliminate Title 42 in a “safe, orderly, and compassionate fashion.”
She asserted that “Republicans in Congress should assist in ensuring the men and women at the DHS have what they need to get this done” if they “are serious about protecting the border.”
Increased land and air transportation would assist relocate migrants to less congested places. New holding facilities for Customs and Border Protection would also be established, and processing timeframes for asylum applications would be sped up.
It would enable the federal government to employ over 300 more border officers, buy more equipment and technology, and boost funding for border cities like El Paso.
