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Judge Neil M. Gorsuch, the only conservative to join three progressive colleagues opposing Tuesday’s court decision, was right to point out the weak legal basis underlying the decision. “The current border crisis is not a COVID crisis,” Gorsuch wrote. “And no court should be in the business of perpetuating an executive order designed for one emergency just because elected officials failed to deal with another. and not policy makers of last resort.”
The policy in question, known as Title 42, came into force in March 2020. This was because the country was reeling from the outbreak of a new, poorly understood pandemic. It suspended the legal asylum system and allowed border officials to deport immigrants quickly without giving them the benefit of filing a claim. Since then, Title 42 has been used 2.5 million times to turn immigrants back.
Whatever the initial benefits of Title 42, there’s little evidence that it was effective in fighting the pandemic, but it was running its course by the time Joe Biden took office. did not try to justify It was received by immigrants as a signal for a looser border, along with the repeal of other Trump-era immigration policies. In April, the Centers for Disease Control and Prevention ordered the termination of Title 42.
In November, U.S. District Judge Emmet G. Sullivan pointed to the fact that there was no evidence to support continued use to protect public health, striking against Republican officials who sought to maintain it. made a verdict. Even though Title 42 was used to block asylum seekers at the border, the judge noted millions of other travelers crossed by bus and car with little hindrance. Additionally, the CDC had previously revoked the use of quarantines and other restrictions on the grounds that they were ineffective.
Republicans have never tried to justify Title 42, a public health measure, for public health reasons.
If Title 42 ends, there is little doubt that a new surge in immigration is likely to pose a challenge to border guards and border states, at least temporarily, adding to the anxiety that is already setting records. there is no. Republicans are right that the Biden administration sent a mixed message encouraging immigrants to try their luck at illegal immigration.
The immigration and asylum system is overwhelmed by years of caseload backup and cannot borrow public health measures to manipulate juries for unintended purposes. It’s the job of Congress, not the courts.
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