CNN
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This controversial Dr. Supreme Court on Tuesday The Trump-era border restrictions are known as Title 42 Legal challenges will remain in effect while it takes effect, a move that ensures federal officials will be able to quickly deport immigrants at the U.S. border for at least the next few months.
The 5-4 order is a victory for Republican-led states calling for it To step in the Supreme Court and block a lower court opinion that ordered the authority’s termination. The Biden administration said it was ready took precautions to end authority and prevent confusion at the border and any potential waves of migrants.
In its order, the court also agreed to accept appeals by states during this period. The court said it will hear arguments in the case during its argument session beginning in February 2023.
Justices Sonia Sotomayor and Elena Kagan said they would reject the petition, but did not explain their thinking. Conservative Justice Neil Gorsuch also dissented, and liberal Justice Ketanji Brown explained his thinking in an order joined by Jackson.
Gorsuch said he “doesn’t discount the state’s concerns” about border security. But Gorsuch noted that Title 42 was put in place to fight Covid-19 and “the current border crisis is not a Covid crisis.”
“Courts should not be in the business of perpetuating an administrative order designed for one emergency only because elected officials have failed to address a different emergency,” Gorsuch wrote.
Since March 2020, Title 42 has allowed US border agents to immediately turn back migrants crossing the southern border in the name of preventing Covid-19.
Immigrant advocates and public health experts have long condemned the use of public health authorities at the US southern border, arguing that it is an inappropriate excuse to bar immigrants from entering the US. In nearly three years, the authority has been used 2 million times to turn away immigrants, according to U.S. Customs and Border Protection.
At the border, migrants have been waiting in camps in Mexico for months, awaiting the end of authorities so they can claim their asylum in the United States. Migrant advocates have tried to disseminate updates and information to migrants, but frustration has increased, especially as temperatures drop.
El Paso, Texas, is at the center of the crisis As thousands of migrants have crossed that region of the border. The city has opened government-run shelters in its convention center, hotels and several disused schools to care for the migrants, though some still have to sleep on the streets in freezing temperatures.
The Department of Homeland Security is developing a plan to end the crackdown that includes increasing resources at the border, targeting smugglers and working with international partners.
The White House said it would comply with the order.
“Today’s order gives Republicans in Congress plenty of time to move past political finger-pointing and work with their Democratic colleagues to pass comprehensive reform measures to address challenges at our border and provide additional funding for border security that President Biden requested,” White House press secretary Karin Zinn said. -Pierre said this information in a statement.
Solicitor General Elizabeth Preloger acknowledged in the Supreme Court last week that returning to traditional protocols along the border would pose a challenge, but said there was no longer any basis for maintaining the Covid-era rules.
“The government in no way wants to downplay the seriousness of that problem. But the solution to that immigration problem cannot be to indefinitely extend a public health system that everyone now recognizes has outlived its public health justification,” Prelogger wrote in a filing with the Supreme Court.
Lawyers from the American Civil Liberties Union, who are representing the family under Title 42, emphasized the dangers asylum seekers face when subject to authorities and sent back to Mexico.
Lee Gellert, lead counsel for the plaintiffs in the case, told CNN in a statement that they were “deeply disappointed” by the ruling, but would continue to fight to end the policy.
“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue to fight to end the policy at last,” Gellert said.
Steve Vladek, a CNN Supreme Court analyst and professor at the University of Texas School of Law, called the order “procedurally bizarre.”
“This order is procedurally odd, in that it agrees to a request by states that were not even parties to that decision to stay a district court ruling just to decide whether they should have been allowed to intervene and defend the ruling on appeal,” Vladek said. “Title 42 aside, there are huge potential consequences for states’ ability to fight to keep the current president from rolling back the policies of his predecessors.”
GOP-led states argued that they would be harmed by lifting the authority as immigrants enter the United States.
“The border crisis that respondents so wildly and passionately seek to cause will also cause great harm to the states,” a filing submitted last Wednesday, reads.
This story has been updated with additional reporting.
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