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 December 23, 2022

Supreme Court rules Title 42 must remain in place for time being

The U.S. Supreme Court ruled Monday that Title 42, which limited illegal immigration on the basis of public health, must remain in place, the Daily Wire reported. Democrats have targeted this law enacted by former President Donald Trump during the COVID-19 pandemic.

Border states notched out another win in the fight to stem the tide of illegal immigrants as the nation grapples with record numbers of newcomers. "Texas and other states are insisting that the Court leave Title 42 in place." Gov. Greg Abbott said of the decision.

"Today’s order is a step in that direction," the Texas Republican added. "This helps prevent illegal immigration."

The provision faced legal challenges from President Joe Biden's administration as well as from asylum seekers. The latest decision comes after Judge Emmet Sullivan of the U.S. District Court in Washington, D.C., had ordered Title 42 abolished as of Wednesday following a lawsuit.

In El Paso, Texas, Democratic Mayor Oscar Leeser braced for the impact of another 50,000 border crossers who would be admitted in if the provision ended as the lower court demanded. He preemptively declared a state of emergency Saturday.

"Our asylum seekers are not safe," Leeser pointed out. "We have hundreds and hundreds on the street, and that’s not the way we treat our people."

The city of El Paso has already welcomed 80,000 migrants to its population of 678,000 in the previous four months. The problem with bringing in so many people at once is that there simply aren't enough resources to care for them.

Nighttime temperatures in the region can dip below freezing making proper housing accommodations a matter of life and death. Officials there mulled using a military base for that purpose before Chief Justice John Roberts allowed a stay on the lower court's decision.

However, this problem is broader than just a border-town issue. Over the course of the Biden administration, some 4.9 million migrants have made their way into the U.S.

With them came 66 illegal immigrants within a nine-month span beginning October 2021 who were on the terror watchlist. For perspective, the combined previous five years leading up to that period saw 30 individuals from the watchlist make their way across the border.

Still, the Biden administration has been at the forefront of pushing for Title 42's abolishment. In April 2022, the administration announced it would end Title 42 the next month, CNN reported at the time.

Homeland Security Secretary Alejandro Mayorkas acknowledged that allowing abolishing the procedure could allow nefarious individuals to make their way into the nation again. "Once the Title 42 Order is no longer in place, DHS will process individuals encountered at the border pursuant to Title 8, which is the standard procedure we use to place individuals in removal proceedings," Mayorkas promised.

"Nonetheless, we know that smugglers will spread misinformation to take advantage of vulnerable migrants," the DHS secretary said. "Let me be clear: those unable to establish a legal basis to remain in the United States will be removed," Mayorkas said.

However, the Biden administration has been actively working against those attempting to stem the tide of illegal immigrants. This latest ruling buys a little more time to find a solution that doesn't include taking all comers.

Written By:
Christine Favocci

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