The Supreme Court of the United States blocked this Monday (19) the imminent suspension of a health rule used during the pandemic to expel migrants at the border with Mexico. The measure, known as Title 42 and inherited from the administration of Republican President Donald Trump, continues to be applied under Democrat Joe Biden.
The president of the court, John Roberts, signed an order temporarily suspending the extinction of the measure, initially scheduled for this Wednesday (21). The norm, installed at the beginning of the pandemic, allowed authorities to employ anti-covid protocols to prevent millions of migrants from entering American territory – they were expelled without the chance to seek asylum.
Roberts acted in response to a last-minute demand from 19 Republican state attorneys general, who on Monday asked the conservative-majority Supreme Court to review the case. Representatives argue that the end of Title 42 would trigger an avalanche of migrants that would overwhelm state governments.
Prosecutors cite the Department of Homeland Security (DHS), which predicts that border crossings by migrants, most of whom seek asylum, could triple to 18,000 a day. According to the governors, this would increase state costs with education, health and law enforcement.
DHS reacted to the ruling by stating that “Title 42 will remain in effect at this time and persons attempting to illegally enter the United States will continue to be expelled to Mexico.”
On Friday (16), a Washington appeals court had ruled that maintaining Title 42, implemented in March 2020 in an attempt to contain the coronavirus pandemic, is not justified. The decision came in response to a lawsuit filed by an organization that fights for the rights of migrants.
From a public health standpoint, the Center for Disease Control and Prevention (CDC) stated that the measure was no longer necessary. The Biden government has also said it wants it to end, but claimed it will abide by the court decision.
According to human rights activists, Title 42 violates international law. Experts believe it is “inhumane” to prevent anyone from applying for asylum and say it encourages migrants to risk their lives. A total of 557 deaths were recorded at the border with Mexico in 2021, the deadliest year since statistics began to be recorded in 1998.
Conservative lawmakers were quick to praise the court ruling, with some calling for Title 42 to become law. House Republican Leader Kevin McCarthy said he was “happy to see the Supreme Court inject some sanity into the situation.”
The White House had been preparing for the end of the measure. Spokeswoman Karine Jean-Pierre said on Monday, the Biden administration was seeking more than $3 billion from Congress for spending on staff, technology, migrant detention facilities, and transportation across the border with Mexico by the time Title 42 is enacted. extinct.
In addition, Biden administration officials had been privately discussing several Trump-style plans to dissuade people from trying to cross the border, including a ban on single adults seeking asylum and a plan for an accelerated deportation process.
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