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Supreme Court upholds another Trump-era border rule – Reuters

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Decision marks President Joe Biden’s latest setback as he aims to reverse his predecessor’s immigration policies

The United States Supreme Court has ruled that the federal government cannot end a policy allowing the deportation of certain immigrants on public health grounds, originally imposed amid the Covid-19 pandemic by the former President Donald Trump.

In a ruling on Tuesday, the nation’s top court ruled that the Joe Biden administration should keep the controversial ‘Title 42’ program, saying a related lawsuit filed by Republican officials in 19 states must first be resolved. .

As the Trump-era policy was set to expire Dec. 21 following a lower court ruling that found Title 42 evictions were illegal, the GOP-backed lawsuit insisted that ending the rule risked a national risk. “disaster” and unfettered immigration to the United States, urging the Supreme Court to delay its decision.

The judges said that while they will hear additional arguments on the program over the next year, with oral arguments expected in February, the evictions will continue in the meantime.


The court order was unsigned, but added that Justices Elena Kagan and Sonia Sotomayor would have denied Republican officials’ request to uphold the provisions of Title 42. Justices Ketanji Brown Jackson and Neil Gorsuch also disagreed. with the decision, affirming that “the urgency on which these [Title 42] the orders have been premises for a long time lapsed”, referring to the coronavirus pandemic.

Based on legislation passed during World War II, Title 42 deportations were introduced by President Trump in March 2020, in the early months of the global health crisis. Since then, the federal government has invoked the rule to return up to 2.5 million migrants to Mexico or their countries of origin while preventing them from attempting to seek asylum.

President Biden has moved to overturn Trump’s more restrictive border rules since taking office, but has faced stiff Republican opposition. In addition to Title 42 powers, the administration has so far failed to end the Trump-era “Stay in Mexico” policy, which allows border agencies to return entering migrants to Mexico. through the southern border of the United States pending immigration or asylum. procedure.

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White House press secretary Karine Jean-Pierre then responded to Tuesday’s decision, saying Biden would follow the court order and continue “preparations to manage the border in a safe, orderly and humane manner when Title 42 is finally lifted and will continue to expand legal pathways for immigration.”

“Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely,” she added.

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