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Supreme Court Freezes Title 42 in Place for the Moment

During the height of the COVID-19 pandemic, the Trump administration issued a rule, known as Title 42, that allowed the U.S. government to expel migrants without any discussion about asylum or other legal niceties because they could be health risks. Last month a federal judge ruled that the rule was arbitrary and capricious and ordered it terminated today. On Monday, the Supreme Court said "not so fast" and ruled that it had to stay in place until the Court could make a decision on the merits of the case.

Supporters of Title 42 say that if it is overturned, the country will be overrun with migrants and the government needs a way to deal with the flood, namely arresting them and just sending them back to Mexico, no questions asked. The ACLU has argued that using a purported health measure for a pandemic that is no longer raging is not a valid legal basis for an immigration policy. The Biden administration has been preparing for Title 42 to be repealed, but now has a bit more time until the Supreme Court makes a final ruling on the merits of the case. So this is just a temporary delay and does not indicate how the decision will go in the end. (V)



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