Due to a Supreme Court freeze injunction, the United States’ Title 42 immigration border policy will not end today. Enacted
Due to a Supreme Court freeze injunction, the United States’ Title 42 immigration border policy will not end today.
Enacted by the Trump Administration in March 2020, the policy permits the government to quickly expel migrants and asylum seekers under the auspices of public health, citing the COVID-19 Pandemic. Over two million expulsions have occurred since its inception, and the Biden Administration ultimately decided to leave the policy in place given the spike in migrant arrivals beginning in early 2021.
In mid-November, Title 42 was struck down in federal district court, and a Republican stay request was rejected by the Court of Appeals this past Friday. In response to the ruling, the Department of Homeland Security (DHS) published a 6-Pillar Plan that controversially includes the pre-legalization of migrants in Mexico – who would otherwise be considered illegal entrants – to then be directly handed to US border officials.
DHS was expected to enact its published plan under a high level of scrutiny from Republicans, who would almost certainly challenge the legality of “pre-legalization” in court. However, Chief Justice Roberts put a temporary hold on the policy’s termination on Monday night, likely avoiding a surge of migrant arrivals and border crossings in the short-term as SCOTUS deliberates.