The U.S. Supreme Court has left in place for now a pandemic-era policy allowing U.S. officials to rapidly expel migrants caught at the U.S.-Mexico border. | Reuters
President Joe Biden said the U.S. government would have to enforce the order until the matter was resolved.Chief Justice John Roberts, a member of the court’s 6-3 conservative majority, on Dec. 19 issued a temporary administrative stay maintaining Title 42 while the court considered whether to keep the policy for longer. Prior to his order, it had been set to expire on Dec. 21.
“But the current border crisis is not a COVID crisis,” Gorsuch wrote in an opinion joined by Jackson. “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.”Millions expelled
The Democratic Biden administration initially kept it in place but sought to lift it after U.S. health authorities said in April it was no longer needed to prevent the spread of COVID-19. However, the repeal was blocked by a federal judge in Louisiana – a Trump appointee – in response to a Republican-led legal challenge.
In that case, U.S. District Judge Emmet Sullivan in Washington, D.C., sided with the migrants on Nov. 15 and ruled Title 42 was unlawful.
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