SCOTUSblog by Amy Howe 12/19/2022
Nineteen states came to the Supreme Court on Monday, asking the justices to keep in place a Trump-era policy that allows immigration officials to quickly expel migrants seeking asylum at the U.S. border. The states, led by Arizona, warn the justices that if the court does not block a federal judge’s order that would end the policy on Wednesday, it will “cause a crisis of unprecedented proportions at the border.”
The federal law at the center of the case is known as Title 42 of the Public Health Services Act. It gives the Centers for Disease Control and Prevention the power to bar the entry of individuals into the United States to protect the public from contagious diseases. In March 2020, citing the COVID-19 pandemic, the Trump administration relied on Title 42 to suspend the entry of migrants at the Mexico and Canada borders. The policy allowed U.S. officials to turn back migrants quickly, without giving them an opportunity to seek asylum in the United States.
The Biden administration extended the Trump administration’s orders in August 2021, but in April of this year the government announced that it would end the policy, saying it was no longer necessary to protect public health.
But shortly before the policy was set to end in May, a federal judge in Louisiana ordered the Biden administration to continue the restrictions. U.S. District Judge Robert Summerhays concluded that the Biden administration had not provided proper notice of its decision to end the policy and an opportunity for the public to comment, as required by the federal law governing administrative agencies. The Biden administration appealed that decision to the U.S. Court of Appeals for the 5th Circuit.
More:
https://www.scotusblog.com/2022/12/states-ask-supreme-court-to-keep-title-42-border-policy-in-effect/
