<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=192888919167017&amp;ev=PageView&amp;noscript=1">
Thursday, March 28, 2024
March 28, 2024

Linkedin Pinterest

Court keeps asylum limit

Ruling preserves a Trump-era policy ahead of decision

By REBECCA SANTANA and ELLIOT SPAGAT, Associated Press
Published: December 27, 2022, 6:54pm
2 Photos
FILE - Migrants from Venezuela prepare for relocation to a refugee shelter in Matamoros, Mexico, Dec. 23, 2022. The Supreme Court is keeping pandemic-era limits on people seeking asylum in place indefinitely, dashing hopes of immigration advocates who had been anticipating their end this week. The restrictions, often referred to as Title 42, were put in place under then-President Donald Trump at the beginning of the pandemic to curb the spread of COVID-19.
FILE - Migrants from Venezuela prepare for relocation to a refugee shelter in Matamoros, Mexico, Dec. 23, 2022. The Supreme Court is keeping pandemic-era limits on people seeking asylum in place indefinitely, dashing hopes of immigration advocates who had been anticipating their end this week. The restrictions, often referred to as Title 42, were put in place under then-President Donald Trump at the beginning of the pandemic to curb the spread of COVID-19. (AP Photo/Fernando Llano, File) (fernando llano/Associated Press) Photo Gallery

WASHINGTON — The Supreme Court is keeping pandemic-era limits on asylum in place for now, dashing hopes of migrants who have been fleeing violence and inequality in Latin America and elsewhere to reach the United States.

Tuesday’s ruling preserves a major Trump-era policy that was scheduled to expire under a judge’s order on Dec. 21. The case will be argued in February and a stay imposed last week by Chief Justice John Roberts will remain in place until the justices make a decision.

The limits, often known as Title 42 in reference to a 1944 public health law, were put in place under then-President Donald Trump at the beginning of the pandemic. Officials have expelled asylum-seekers inside the United States 2.5 million times on grounds of preventing the spread of COVID-19.

Immigration advocates sued to end the policy, saying it goes against American and international obligations to people fleeing to the U.S. to escape persecution. They’ve also argued that the policy is outdated as coronavirus treatments improve.

The Supreme Court’s 5-4 decision comes as thousands of migrants have gathered on the Mexican side of the border, filling shelters and worrying advocates who are scrambling to figure out how to care for them.

“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, which had been arguing to end Title 42’s use.

States that wanted Title 42 kept in place hailed the lawsuit. In a press release Tuesday, Iowa Gov. Kim Reynolds praised the court’s decision while saying it’s not a permanent solution to the country’s immigration woes.

“I’m grateful that Title 42 remains in place to help deter illegal entry at the US southern border. But make no mistake — this is only a temporary fix to a crisis that President Biden and his administration have ignored for two years,” she said.

The Supreme Court’s decision said that the court will review the issue of whether the states have the right to intervene in the legal fight over Title 42. Both the federal government and immigration advocates have argued that the states waited too long to intervene and — even if they hadn’t waited so long — that they don’t have sufficient standing to intervene.

In the dissent, Justices Neil Gorsuch and Ketanji Brown Jackson said that even if the court were to find the states have the right to intervene and Title 42 was lawfully adopted “…. the emergency on which those orders were premised has long since lapsed.”

The justices said the “current border crisis is not a COVID crisis.”

“And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort,” the justices wrote.

White House press secretary Karine Jean-Pierre said Tuesday that President Joe Biden’s administration “will, of course, comply with the order and prepare for the Court’s review.”

“At the same time, we are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration,” Jean-Pierre added. “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.”

In November, a federal judge sided with advocates and set a Dec. 21 deadline to end the policy. Conservative-leaning states appealed to the Supreme Court, warning that an increase in migration would take a toll on public services and cause an “unprecedented calamity” that they said the federal government had no plan to deal with.

Roberts, who handles emergency matters that come from federal courts in the nation’s capital, issued a stay to give the court time to more fully consider both sides’ arguments.

Loading...
Tags