SCOTUS Temporarily Halts Termination of Title 42

    SCOTUS Temporarily Halts Termination of Title 42
    Last updated Dec 28, 2022
    Image credit: Getty Images [via Fox News[


    • On Tuesday, SCOTUS rendered a decision to temporarily keep Title 42 in place, a section of the US Code allowing the government to prevent foreigners from entering the country if they present a threat of spreading communicable diseases.[1]
    • Title 42 was authorized in March 2020 by former Pres. Donald Trump at the onset of the COVID pandemic and allows immigration officials to quickly expel migrants in the name of public health.[2]
    • In November, a federal district judge vacated the policy. The decision was quickly appealed by Republican-led states, leading Chief Justice John Roberts to pause Title 42’s termination last week.[3]
    • In a 5-4 decision, Justices Roberts, Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett agreed to hear a challenge from the Republican-led states during the February 2023 argument session.[2]
    • Customs and Border Protection officials warned that approximately 50K foreigners were to cross the border once Title 42 ended, and governmental officials in border towns have declared states of emergency in anticipation of SCOTUS’ decision.[4]
    • Pres. Joe Biden says that his administration will comply with the ruling and continue to enforce the policy but called for comprehensive immigration reform.[5]


    Republican narrative

    The government’s primary duty is to protect and put its citizens first. While Biden and other Democrats want to dismantle any border protection that still exists, Republican border states that face the brunt force of the nation's immigration crisis can't allow open borders without a fight. The US has millions of people entering illegally every year, and it isn't sustainable.

    Democratic narrative

    Title 42 was placed into effect as a short-term public health measure to protect against COVID, not as immigration law. That it's still in place reveals what it really is: a racist Trump-era policy that denies migrants the right to seek asylum under the guise of public health. Thousands of legitimate asylum seekers are suffering; it's time this inhumane measure ends.

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