Tipsheet

Supreme Court Rules on Title 42

The U.S. Supreme Court has ruled that Title 42 will stay for a little while longer following a lengthy legal battle after the Biden administration attempted to remove the public health order earlier this year and last week.

Title 42 allows Border Patrol to quickly expel illegal immigrants to prevent transmission of COVID-19 among themsleves and to agents while being processed. Republicans at the state and federal level said it was necessary to keep Title 42 in place so law enforcement can turn away people amid record-breaking records for illegal crossings. Immigration advocates said the order violates people's rights to claim asylum and it does not secure the border since no punishments attached to the expulsions means they can cross multiple times.

Title 42 is one of the last border policies carried over from the Trump administration. Once he got into office, President Joe Biden followed through or tried to make good on his campaign promises to make the border less secured, such as halting construction on the border wall, getting rid of the Migrant Protection Protocols, and stopping all deportations during his first 100 days.

Despite Title 42 being in place during the entirety of the Biden administration, there has still been an historic increase in illegal crossings. The border town of El Paso, Texas has been hit hard in recent weeks as that area has become the latest popular spot for illegal immigrants, causing tremendous strain on city resources. Hundreds of both processed and released migrants and people who avoided apprehension from Border Patrol have been sleeping in below freezing temperatures since shelters and churches have no space.