Supreme Court Removes Title 42 Talk From Its Calendar

( — The Supreme Court has dropped Title 42 from its calendar. The Court was due to begin hearing arguments on the Trump-era legislation in March, but the White House has said its legal underpinning will expire in May and the Court should simply let it run out. Solicitor General Elizabeth Prelogar said the conclusion of the public emergency period will end the requirement for Title 42. She said that the government intends to introduce new policies to deal with the crisis on the southern border.

Title 42 was introduced by the Trump administration in response to the 2020 global pandemic. It means that border and immigration agencies may expel migrants on public health grounds without any obligation to hear asylum claims. It was due to expire last December but a group of GOP members petitioned the Supreme Court to keep it alive until legal arguments could be heard. The Court extended it into 2023 and was due to give a final decision later in the year.

While the legislation has remained in place, the Biden administration has continued to use it to expel border crossers in southern states. Some have estimated that the number of migrants at the border will double when Title 42 ends. Therefore, Senator Jon Tester of Montana introduced a bill in early February asking that it be extended again. Tester said the federal government is not ready to end the legislation.

The White House has insisted that it has the border crisis under control. Officials said they have been planning for the expiration of Title 42 for a year and new rules will be established in its place. These will allow immigration agents to expel people who do not ask for asylum or who fail to establish the criteria, such as fear of persecution. The new regulations, which are due to be published before May, will also refuse asylum to those who have passed through a safe country on the way to the United States.

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