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Title 42 Border Policy Will Remain in Effect Temporarily, Supreme Court Rules.

On Tuesday, the Supreme Court decided to uphold Title 42 while the legal challenges to the Trump administration’s border restrictions are being resolved. The vote was 5-4 in favor of doing so.

A lower court judgment that would have terminated the pandemic-era policy on December 21 was overturned by Chief Justice John Roberts a week before to the decision. Title 42 permits the expulsion of asylum seekers at the border in order to stop the spread of contagious diseases.

Migrants travelling in a caravan of more than a thousand people from countries such as Nicaragua, Peru, Ecuador, Colombia, Venezuela and the Dominican Republic cross the Rio Bravo river (or Rio Grande river, as it is called in the US) to ask for political asylum in the United States, in Ciudad Juarez, Chihuahua state, Mexico, on December 27, 2022. (Photo by HERIKA MARTINEZ / AFP)


Tuesday, the court granted an emergency motion from 19 Republican attorneys general who warned that allowing Title 42 to expire would result in a massive influx of illegal immigrants crossing the southern border. As a result, the court decided to maintain that pause.

Asylum seekers claim they have risked everything and spent all of their money in the border city of Juarez to reach the US.

When people resort to illegal means, they typically depend on cartel-affiliated smugglers to help them enter the nation, which may be extremely risky and hazardous. For example, they may have to cross six-lane roads while running or suffocate in vehicles that are packed with other stowaways. Additionally, it can lead to migrants becoming indebted to the cartels and being forced into lives of prostitution, drug smuggling, and other crimes.

In fiscal year 2022 alone, Title 42 was utilized to detain over 40% of the 2.4 million border crossers, a number that has been used in millions of cases. As a result of last-minute petitions, the policy was extended until at least February despite a Federal judge’s decision that it expire on December 21. Border officials on both sides of the border had increased their troop and border patrol presence in anticipation of this.

“We will continue to manage the border, but we do so within the constraints of a decades-old immigration system that everyone agrees is broken. We need Congress to pass the comprehensive immigration reform legislation President Biden proposed the day he took office,” US Border Patrol agency said in a statement.

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