Supreme Court Blocks Biden from Ending Title 42 Border Policy

The Supreme Court has decided to hear arguments on whether or not Title 42 should be preserved as a border safeguard, despite the Biden administration attempting to do away with the policy. They voted on Tuesday to keep the Trump-era policy in place until summer of 2023, when they will make a final decision on the matter.

Title 42 is a policy that was put into place under former President Donald Trump that allows federal agents to turn away illegal immigrants immediately, rather than taking them into custody, if the agent believes them to have COVID-19.

Without that policy in place, the number of illegal crossings would be double what it currently is, and we are already seeing crisis level numbers of aliens coming through.

Homeland Security Secretary Alejandro Mayorkas called for an end to the policy, and leftwing groups have sued to end the program. However, 19 states filed a motion to intervene and pleaded with the courts to uphold the policy.

Breitbart reports:

Chief Justice John Roberts referred the matter to the full Supreme Court for a vote. The justices on Tuesday decided to grant the stay by a 5-4 vote. The justices also voted to review the case, setting the case for argument at the end of February.

The sole issue the Supreme Court will decide is whether the 19 states have standing to intervene in court to defend the policy. If the states do, then the matter will go back to the D.C. Circuit appeals court for the states to pursue an appeal. If they do not, then Title 42 will end.

Justices Sonia Sotomayor and Elena Kagan voted to deny the stay. Justice Neil Gorsuch –appointed by former President Trump – dissented from taking the case up for review, joined by Biden-appointed Justice Ketanji Brown Jackson.

However, Gorsuch noted that this policy is in place for the public health emergency and not as a border control policy. He said, “It is hardly obvious why we should rush in to review a ruling on a motion to intervene in a case concerning emergency decrees that have outlived their shelf life.”

“And courts should not be in the business of perpetuating administrative edits designed for one emergency only because elected officials have failed to address a different emergency,” the justice added. “We are a court of law, not policymakers of last resort.”

For more information on the case, you can look up Arizona v. Mayorkas, No. 22-592 in the Supreme Court of the United States.


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