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The emergence of immigration policy as a constant source of apparent contradiction under President Joe Biden was a largely unexpected development. Perhaps this was highlighted this week by Supreme Court Justice Neil Gorsuch, a conservative appointed by Donald Trump.
At the request of Supreme Court Chief Justice John Roberts, the appeals court addressed in last minute notice a request to stay a lower court’s ruling ending a March 2020 order by the Trump-run Centers for Disease Control and Prevention. The directive said a vague public health law known as Title 42 would allow U.S. border agents to immediately turn back migrants who crossed the southern border to prevent the spread of COVID-19.U.S. District Court ‘s Judge Emmett Sullivan ruled in November that the continued use of the rule was “arbitrary and capricious” due to vastly different public health situations.
Biden once seemed more likely to agree. As a candidate, he tore up Title 42 as another Trump tactic to demonize immigration. Since then, it has embraced Title 42 as a blunt instrument to limit the surge of immigrants trying to enter the United States. Gorsuch acknowledged Republican governors’ concerns about the surge, but said, “The current border crisis is not a COVID crisis. We should not be in the business of perpetuating executive orders designed for emergencies.We are a court, not a policy maker of last resort.” did not agree. That means Biden can continue to use Title 42 until next year’s fuller court proceedings, but to control immigration, not for public health reasons.
Biden always has an edge over Trump on this issue because he understands how important immigration is to America. But he’ll have to handle Title 42 much better than Trump.
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