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GOP-Led States Look to Preserve Trump-Era Border Policy

    GOP-Led States Look to Preserve Trump-Era Border Policy
    Last updated: 1 week ago
    Image credit: Getty Images [via CNN]

    Facts

    • On Monday, 15 Republican-led states asked US District Judge Emmet Sullivan to allow them to intervene in a case and defend the Trump-era Title 42 immigration policy, which Sullivan struck down earlier this month. After his ruling, the Biden admin. asked for five weeks to prepare for the change in policy. [1]
    • In the court filing, the states argued that border states like Texas and Arizona would face "increased migrant flows," and wherever the migrants end up relocating to, "they will impose financial burdens on the states involuntarily hosting them." [2]
    • Title 42, which has led to the expulsion of migrants more than 2.4M times at the US-Mexico border based on public health grounds, was authorized by the Centers for Disease Control and Prevention (CDC) at the outset of the COVID pandemic in March 2020. The migrants haven’t been allowed to seek asylum and instead have been returned to Mexico or their respective home countries. [3]
    • The states' filing added, "The States have sovereign and quasi-sovereign interests in controlling their borders, limiting the persons present within those borders, excluding persons carrying communicable diseases, and the enforcement of immigration law." [4]
    • If Sullivan grants the states' request, they can bring the case — originally brought by asylum-seeking families — before the US Court of Appeals in Washington, DC, and possibly before the majority-conservative SCOTUS. [2]
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    Spin

    Republican narrative

    The upcoming end of Title 42 has illegal immigrants lining up at the border to create an avalanche of border crossings. This will feature many violent criminals getting into the US. Seeing as though the Biden admin. doesn’t have a contingency plan for stopping this invasion, everything must be done to reverse Sullivan’s reckless decision and protect the border.

    Democratic narrative

    Since the US has dispensed with most COVID protocols, there’s no public health excuse to continue Title 42, which was always a xenophobic policy disguised as a COVID measure. It’s inhumane to continue to turn away these migrants, many of whom have legitimate asylum claims, under this guise. Lawmakers should work to fix the immigration system, but Title 42 must go, and the Biden admin. is ready to move on.

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