WASHINGTON (Michigan News Source) – A remaining order from the Trump Administration, Title 42, was set to expire tomorrow, but has now been halted with a recent Supreme Court decision.
Title 42 originally comes from the 1944 Public Health Services Law that “allows the government to prevent the introduction of individuals during certain public health emergencies,” Immigration Director at the International Rescue Committee, Olga Byrne, said.
The order, which was set to expire on Dec. 21 of this year, has been temporarily halted after Chief Justice John Roberts issued a stay yesterday afternoon. The Supreme Court has also asked President Joseph Biden and his administration to respond to an application from Texas and 18 other states requesting the judicial branch to intervene and keep Title 42 along the Southwest border.
Within the 51 page brief filed Monday to Chief Justice Roberts the states cite that “More recently, DHS estimated a similar increase from the imminent Title 42 termination, from 7,000 per day in illegal crossings to as much as 15,000 per day.”
Besides Texas, other states joining the petition include: Alabama, Alaska, Arizona, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
On Friday, the U.S. Court of Appeals for the District of Columbia denied a motion to intervene, prompting the states to seek a ruling by the Supreme Court according to WOODTV.
“The likelihood of irreparable harm to the States is underscored by the fact that DHS has requested $3-4 billion in emergency funding to deal with the imminent calamity that the district court’s decision will occasion,” the states also claim.
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With Title 42 in effect, U.S. Customs and Border Protection data reveals more than 2.4 million instances of migrants expulsion from the country since 2020. Additionally, Border Patrol is seizing migrants more than 2,200 times a day. Opponents of Title 42 view this as a possible humanitarian crisis and excuse to deny them basic legal rights.
“The legal issue at hand [with the use of Title 42] is that there’s nothing in the law that allows the government to expel [migrants] without any due process,” Byrne said.
The multi-state brief also included concerns for maintaining state sovereignty in the face of an massive increase in immigrants, including the many that are anticipating the expiration of Title 42.
“Indeed, there has already been a surge of migrants approaching the border in anticipation of the December 21 stay expiration, underscoring the States’ harms,” they said.
States such as Texas, who face the problem with great immediacy are also asking for greater measures to be taken against potentially dangerous materials and activities crossing the border.
“We know for a fact that Mexican drug cartels control the border, who comes across and what drugs come across,” Department of Public Safety Lt. Christ Olivarez said, “The federal government needs to designate these cartels for what they are, foreign terrorist organizations. Governor Abbott did it, and yet we’re still wondering why the federal government has not cracked down on these organizations to stop the flow of chemical precursors [of fentanyl] from China going into Mexico so they can develop this deadly poison and then smuggle it into the United States.”
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