The Supreme Court has ordered the Biden administration to halt its plans to cease use of Title 42, a controversial guideline used by US border authorities to push back many migrants over the past two years.
Chief Justice John Roberts issued the stay Monday afternoon as the Supreme Court deals with a case by GOP attorneys general seeking to keep the policy in place. While most US Covid restrictions and guidelines have been lifted, the Title 42 policy’s effect on stemming the tide of asylum-seeking migrants at the southern border has led conservative states to call for it to be maintained. .
Those same conservative states warn that an end to Title 42 restrictions will mean a surge of migrants to the southern border trying to cross illegally.
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“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe unfolding on our southern border,” the Arizona Attorney General said.
The Biden administration has until late Tuesday to file a response. The administration had originally planned to lift the restrictions on Wednesday.
Potentially helping the GOP’s case is an earlier ruling preventing the Biden administration from lifting the restriction, but a separate case challenging the validity of the overall restriction resulted in another court ruling that the government must be prevented from enforcing the title 42. Conservatives say the outcome was engineered by the Biden administration, which challenged the end of Title 42 as a whole but not the individual ordinance calling for an end to its enforcement by Dec. 21.
The twisted rule battle may go some way to explaining why the GOP’s attacks centered around the immigration issue failed to land effectively during the 2022 midterms; in the final weeks of 2022, the Biden administration had the opportunity to see the first major movement in decades on the immigration issue in Washington, as moderate senators from both parties met to discuss passing important reforms However, those negotiations failed to reach the 60 votes needed to pass that legislation.
The chance of passing serious legislation addressing the US-Mexico border remains alive but much dimmer moving forward in the new Congress, where Republicans will have a razor-thin majority in the House and Democrats will have expanded their lead just as much. small in the Senate by one seat.