After the deadline for the termination of the Title 42 immigration policy passed on Wednesday, Chief Justice John Roberts of the Supreme Court emerged as the final obstacle.
The Centers for Disease Control and Prevention’s pandemic policy, which has discouraged almost 2.5 million immigrants since its implementation in March 2020, was set to terminate on December 21 as a result of lower courts’ requests for its dissolution. But on December 19, Roberts issued a temporary administrative stay that is still in effect today, maintaining the policy after 19 Republican-led states issued a warning about a sudden influx of immigrants at the border, which prompted the chief justice to request a response from the Biden administration.
One day after the Biden administration’s Justice Department petitioned the court to grant the policy’s end with a little delay in order to address any potential immigration influx, Republican attorneys general responded to the Biden administration on Wednesday.
“The administration is aware that the termination of the Title 42 orders will probably cause disruption and a brief rise in unauthorized border crossings. The government does not intend to downplay how serious that issue is, “Arizona and Texas, two border states, were among the states represented by Republican attorneys general in court filings on December 21.
Sen. Mike Lee (R-UT), who insisted on an amendment to the spending package that would maintain the Title 42 policy from the pandemic era, briefly opposed the $1.7 trillion omnibus to prevent a government shutdown, but it eventually cleared the Senate.
Additionally, Sen. Kyrsten Sinema (I-AZ) put forth an amendment to boost border funding and extend the Title 42 health provision that hastens the deportation of asylum seekers.
Lee’s plan and Sinema’s side-by-side amendment were included in a block of 15 amendments that would have been voted on, according to Schumer, but both failed to obtain a majority and were not attached to the omnibus bill.
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In the interim, Roberts’ temporary administrative stay is the only thing keeping Title 42 in effect while the Supreme Court decides whether to hear the GOP states’ appeal or grant the Biden administration’s request. Since that time, military personnel and state police have descended onto El Paso, Texas, to form a line along the banks of the Rio Grande as a show of force in anticipation of the termination of Title 42.
However, the DOJ is now requesting a delay in the program’s termination, arguing that it should remain in place until December 27 if the Supreme Court rules on the Title 42 case before Friday. The DOJ is still attempting to uphold lower court decisions that held the Biden administration could abolish the policy.
U.S. Solicitor General Elizabeth Prelogar said the high court on Tuesday that “the government realizes that the termination of the Title 42 orders will undoubtedly result in disruption and a temporary increase in unauthorized border crossings.”
“The administration makes no effort to downplay how serious that issue is. But extending permanently a public health measure that everyone now agrees has outlived its public health basis cannot be the answer to that immigration problem “added Prelogar.
