The Supreme Court will put off its decision on whether or not it will end Title 42 until at least June 2023, leaving the immigration rule in place until then.
The court ruled 5-4 Tuesday to put its decision on hold so it may consider arguments, largely from Republican-led states, seeking to keep Title 42 in place. Neil Gorsuch was the only conservative justice to join three liberal justices in voting against a stay.
Title 42 was established in 1944. It allows the government authority to reject migrants as a way to stop the transmission of contagious diseases.
Former President Donald Trump enacted Title 42 in 2020, as the COVID-19 pandemic was on the rise worldwide. With the rule in place, migrants, including some who may otherwise be able to start the process of seeking asylum in the United States, are instead deported in a much quicker manner.
With the decision, the court will begin hearings on Title 42 in February, with the expectation of making a ruling by the end of June.
Nineteen attorneys general from Republican-led states joined to file an emergency motion to keep Title 42 in place.
Gorsuch joined Justice Ketanji Brown Jackson with the opinion that the court should not act as “policymakers of last resort.” He argued that while he shares the concerns over immigration, Title 42 was activated in the name of slowing COVID-19 transmission and not as a solution to the “border crisis.”
“Even if at the end of it all we find that the States are permitted to intervene, and even if the States manage on remand to demonstrate that the Title 42 orders were lawfully adopted, the emergency on which those orders were premised has long since lapsed,” Gorsuch wrote.
“The current border crisis is not a COVID crisis.”
Solicitor General Elizabeth Prelogar shared a similar view of the rule in a filing with the Supreme Court prior to Tuesday’s decision.
“The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification,” she wrote.
President Joe Biden attempted to end Title 42 after pressure from asylum seekers, human rights organizations and a federal judge in the U.S. District Court for the District of Columbia.
Supreme Court Justice John Roberts blocked the Biden administration from ending Title 42, preventing it from expiring last Wednesday. The Biden administration has been hesitant to end Title 42 as well, concerned with a potential influx of migrants at the southern border.
Title 42 has been used more than 2 million times to deport migrants from the southern border since being put in place in 2020.
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Perhaps Gorsuch in a dissenting opinion should have lectured our Chief Executive that failing to secure the border and enforce the current laws on the books regarding illegal immigration is an impeachable offense of the first magnitude, not to mention worthy of removal from office for malfeasance in office regarding national security and misappropriation of taxpayer’s money in unvoted for redistribution of American wealth and social benefits designed for the lawful citizens to lawbreaking invaders, disguised as asylum seekers. Just how come Conservatives courts cannot be Proactive, just Liberal ones? While the Supreme Court Justices ignore enforcement of the law, awaiting the politicians to do the right thing, (For Decades) Billions of dollars are wasted and millions of unvetted aliens come in whose first act upon arriving at our borders is to break the immigration laws, setting the mindsets to break any others they see might benefit them at the taxpayers expense!
Exactly WHY is congress or their corrupt puppet president not following or enforcing our U.S. Constitution or our immigration laws?? 🙁 🙁 🙁
U.S. Constitution article 4, section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
The section also gives Congress the power (and obligation) to protect the states from an invasion by a foreign country, or from significant violent uprisings within each state.
I would consider 5 million+ illegal immigrants crossing our borders illegally an invasion by foreign countries
And our corrupt, puppet president Joe Biden won’t even go to the southern border to see for himself how bad the invasion truly is. 🙁 🙁 🙁
But Biden is giving Ukraine Billions of U.S. dollars to help protect the Ukraine borders. 🙁 🙁 🙁
ONCE again, i am left wondering, EXACLTY WHAT MADE trump think Gorsucky, was a CONSERVATIVE/constitutionalist????
So far, VERY LITTLE HE’s ruled on, has made me in ANYWAY, see him as conservative OR a constitutionalist!
Much needed
BUT even WITH it in place, only 1/4th or LESS of the millions flooding in, GET KICKED OUT?
If Title 42 is not the answer, we already have immigration law against those that cross illegally and are to be deported immediately. Why aren’t these laws being enforced? As for those illegals whose country (i.e. Nicaragua) will not take them back, transport them to Honduras or Puerto Rico and let them walk back to their country of Nicaragua which is shorter than what they travelled to get to the US border
Exactly. WHAT WE LACK is ACTUAL enforcement, of the laws WE already have existing…
Why is Title 42 not a border crisis; how many of those trying to enter have been vaccinated? If our military, health care providers are “forced” to be vaccinated or face being dismissed why aren’t illegals immediately dismissed back to their country if not vaccinated? Why aren’t the laws we already have being used effectively.
Add to that, with MILLIONS OF AMERICANS still without “health care”, WHY THE HELL are we giving illegal INVADERS FREE MEDICAL!?
I have ZERO sympathy for these “asylum seekers”. Actually, the puppeteers manipulating the Biden Admin. to achieve a new Global Order are the ones who should have been put into—an asylum.
To effect the ruin of the last free nation of any size on the planet to make a few oligarchs all-powerful is the crime here; the facilitating cartels and the oligarchs will likely see a reckoning in the coming years when the proles wake up to their condition. That will truly be a “woke” moment.
What kind of asinine logic is this? Writes Gorsuch ‘….the emergency on which those orders were premised has long since lapsed,” According to most leftists the Covid virus is still a threat to everyone. Has there been an official legal determination that the Coronavirus is no longer an issue? If not then it is the idiot Gorsuch that has personally determined the crisis is over. Talk about judicial overreach. Is this jerk being paid or extorted by someone or what?
It isn’t the job of judges to MAKE law or to keep an expired rule in place. They are only there to interpret the Constitution. Gorsuch reminded us of that. I believe what they have done here is hold the line temporarily and point out to the Biden administration that they need to do their job.
It’s not the justices responsibility to clean up after bad voter decisions either. Citizens do have the power to throw us to the wolves by making bad choices in elections and it appears to me that at least half of America is ready to destroy the country.
It is the responsibility of the executive branch to protect our borders and protect our citizens. Biden should be impeached but our majority in the House is probably too slim to get it done and the Democrat majority in the Senate would prevent removing him from office anyway.
This attempt by Biden to eliminate a border protection policy is NOT a voter decision. The Gorsuch rationale for voting against continuing the Title 42 policy was based upon (as he says) the Covid “emergency” was no longer valid. He is making a ruling based on an irrelevant presumption. It is not his job (or anyone on SCOTUS) to determine whether the policy is “necessary”. This is not the logic of a conservative justice.
Thank you, Supremes. So glad there’s a conservative majority when it’s so sorely needed. Our country simply cannot be an unlimited dumping ground for the world’s excess population. We have plenty of our own homegrown poverty already.
This attempt by Biden to eliminate a border protection policy is NOT a voter decision.
You get the candidate the majority votes for or steal the election for. That is my point. Biden is president because too many voters are stupid. They own responsibility for him and for his policies.
The argument hinges on the fact that Title 42 is an old health law from 1944 that was written to prevent disease being brought into the country. It served that purpose during the pandemic and also kept illegal aliens out. But it is a health law and based on a need to keep disease out. If we no longer have a pandemic the law doesn’t apply no matter how helpful it is to keep illegals out.
5 justices kept it in effect for now but could not rightfully do that permanently. 3 justices don’t care, they just vote how Democrats tell them to vote. And Gorsuch voted on principle.
It is what it is. You and I will have to disagree.
It is still a COVID issue if our citizens are in danger of being exposed to the disease again by the illegals that are arriving but have not been vaccinated, have proof of being vaccinated or even tested to determine current status of COVID
Especially when we’re seeing a # of states trying to RE IMPLEMENT Masking…