Title 42 to remain in place for now as Chief Justice John Roberts temporarily freezes order
Last edited Mon Dec 19, 2022, 07:56 PM - Edit history (3)
Source: CNN Politics
CNN — Supreme Court Chief Justice John Roberts on Monday put a temporary hold on the termination of a controversial Trump-era immigration policy known as Title 42 that was set to end on December 21, leaving it in place for now. But in a brief order Roberts signaled that the court wants to act quickly and asked the Biden administration to respond by 5 p.m. ET Tuesday to an emergency appeal filed by a group of Republican-led states.
The brief order from Roberts means the policy that allows officials to swiftly expel migrants at the US border will stay in effect at least until the justices decide the emergency application. The order does not necessarily reflect the final outcome of the case. The states had raced to the Supreme Court earlier in the day in an emergency bid to keep in place a Trump-era immigration policy that is set to go off the books Wednesday.
A federal district court judge had vacated the policy last month, calling Title 42 “arbitrary and capricious.” The judge said the program could remain in effect until December 21.
Already, federal officials and border communities have been bracing for an expected increase in migrant arrivals as early as this week, as the issue of immigration continues to ignite both sides of the political divide. The Department of Homeland Security has been putting in place a plan for the end of the program that includes surging resources to the border, targeting smugglers and working with international partners.
Read more: https://www.cnn.com/2022/12/19/politics/title-42-supreme-court-gop-states
Full headline: Title 42 to remain in place for now as Chief Justice John Roberts temporarily freezes order meant to end it
Article updated.
Previous article -
The brief order from Roberts means the policy that allows officials to swiftly expel migrants at the US border will stay in effect at least until the justices decide the emergency application. The order does not necessarily reflect the final outcome of the case. The states had raced to the Supreme Court earlier in the day in an emergency bid to keep in place a Trump-era immigration policy that is set to go off the books Wednesday. A federal district court judge had vacated the policy last month, calling Title 42 "arbitrary and capricious."
The judge said the program could remain in effect until December 21. Already, federal officials and border communities have been bracing for an expected increase in migrant arrivals as early as this week, as the issue of immigration continues to ignite both sides of the political divide. The Department of Homeland Security has been putting in place a plan for the end of the program that includes surging resources to the border, targeting smugglers and working with international partners.
Arizona Attorney General Mark Brnovich - who took the lead for the states - said in a statement earlier Monday that "getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border," adding: "Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000."
Original headline/article -
CNN -- A group of GOP-led states raced to the Supreme Court on Monday in an emergency bid to keep in place a Trump-era immigration policy known as Title 42 that is set to go off the books Wednesday. The policy allows officials to swiftly expel migrants at the US border and was vacated last month by a federal district court judge who called Title 42 "arbitrary and capricious." The judge said the program could remain in effect until December 21. Already, federal officials and border communities are bracing themselves for an expected increase in migrant arrivals as early as this week, as the issue of immigration continues to ignite both sides of the political divide.
The Department of Homeland Security is putting in place a plan for the end of the program that includes surging resources to the border, targeting smugglers and working with international partners. Arizona Attorney General Mark Brnovich - who is taking the lead for the states - said in a statement that "getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border," adding: "Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000."
Brnovich told the justices in court papers that they should put the lower court ruling on hold. As an alternative, he said that the justices should grant an "immediate" temporary injunction to maintain the status quo and also consider whether to skip over the appeals court and agree to hear arguments on the merits of the issue themselves. "Failure to grant a stay here will inflict massive irreparable harms on the States, particularly as the States bear many of the consequences of unlawful immigration," Brnovich argued.
Late Friday night, the DC Circuit US Court of Appeals ruled against the states, holding that they waited an "inordinate" amount of time before trying to get involved in the case. That order triggered the emergency application at the high court. It is addressed to Chief Justice John Roberts, who oversees the DC-based appellate appeals court that ruled in the case.
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