The Supreme Court of the United States ruled this Tuesday (27) that the controversial health rule used during the pandemic to expel migrants at the border with Mexico must remain in force at least until the analyzes of all judicial appeals are completed. The measure, known as Title 42 and inherited from President Donald Trump’s administration, continues to be applied under Joe Biden.
The sentence, established by five votes to four, at least temporarily accepts a petition made by prosecutors from 19 states claiming that public facilities would be overloaded with the arrival of new migrants if the rule were suspended and the border opened. The decision also overturns the judgment of a lower court that had overturned the measure.
Prosecutors allege that suspending the policy would lead to an increase in irregular crossings, on the rise in recent months. The number of immigrants detained along the southwestern U.S. border surpassed 2 million in a year for the first time, according to government data released in September, continuing the unprecedented pace of immigrants arriving in the country without legal permission.
In March 2020, the government of former Republican President Donald Trump activated the sanitary rule to be able to expel irregular migrants detained at land borders without delay. The application of the measure is immediate and does not allow judicial appeal. Activists and human rights experts consider the measure a violation of international law.
Rare exceptions are provided for some nationalities, such as Ukrainians since the Eastern European country was invaded by Russia, or for unaccompanied minors. Activists and human rights experts consider the measure a violation of international law.
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