Chief Justice Issues Title 42 Temporary Stay, Policy Hangs in Balance

Published on December 23rd, 2022

The status of Title 42 hangs in the balance after a temporary stay was issued by Chief Justice of the Supreme Court John Roberts earlier this week. The move was a response to an appeal from several Republican led states demanding the pandemic-era, Trump administration immigration enforcement policy stay in place.

Our friends over at the Center for Immigration Studies have a full breakdown of this move.

“The chief gave the Biden administration until 5:00 PM yesterday to respond to that application, and in its response, DOJ opposed extending Title 42 — while asking the Court to leave the say in place until one minute before midnight on December 27, or 11:59 PM two business days after it enters its order, whichever’s later.”

Title 42 was at the center of the recent $1.7 trillion dollar spending bill that was passed by the Senate. Senator Mike Lee (R-UT), attempted to put an amendment into the bill that would have ensured Title 42 remained in place regardless of Robert’s extension.

Senate Democrats knew any amendment involving Title 42 would sink the bill in the House. A report in ABC News has more details.

“To push the legislation forward, Democratic leadership crafted a workaround by voting on two amendments related to Title 42. One brought forward by Sen. Kyrsten Sinema, I-Ariz., and Montana Democratic Sen. Jon Tester would’ve preserved Title 42 but included money for humanitarian assistance and border security and required 60 votes to pass. The other, brought forward by Lee, required 51 votes to pass. Neither Title 42-related amendment passed.”

While politicians in Washington, D.C. play games over whether we should enforce immigration laws, border regions are paying the price. Places like El Paso, Texas are bracing for impact and operating as if Title 42 won’t be around for much longer.

The El Paso Times reports that Mayor Oscar Leeser has declared a state of emergency. Their report added that border encounters in that region have hit 2,500 per day in December, and that 10,000 illegal aliens were released into the city last week.

Customs and Border Protection has yet to release the full report of November’s immigration numbers, but we do know there was a record breaking 73K gotaways last month. It’s also been at least eight straight months with 200K or more encounters at the border.

There’s a very real human cost as the border crisis spirals out of control. The reality is we shouldn’t need to rely on Title 42 when we already  have immigration laws on the books. 

We simply need our federal government to enforce these laws and deter future waves of illegal aliens from swarming the border. Sadly, significant portions of our political class are more interested in playing political games than actually stopping the border crisis.

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