SCOTUS Stays End of Title 42
Allegations of federal government collusion and warnings of disaster
By Andrew R. Arthur on December 20, 2022
Chief Justice John Roberts has temporarily delayed the end of Title 42.
On December 19, he issued a brief order, staying an order issued on November 15 by Judge Emmet Sullivan of the U.S. District Court for the District of Columbia. Judge Sullivan’s order vacated and enjoined CDC orders, issued pursuant to Title 42 of the U.S. Code, directing the expulsion of aliens who had entered the United States illegally. For the moment, at least, Title 42 lives, but the Court will have to weigh allegations of federal government collusion and warnings of disaster in deciding how long that will be the case.
Title 42 in Brief The first CDC Title 42 order was issued during the Trump administration on March 20, 2020, when the global pandemic was declared, but CDC has reissued those orders several times thereafter (with amendments and modifications), well into the Biden administration.
Although those Title 42 CDC expulsion orders are mandatory, DHS under the Biden administration has implemented them much less widely than it did under Trump.
More than 87 percent of illegal Southwest border migrants subject to Title 42 were expelled during the Trump administration, a figure that dropped to around 58 percent between February and September 2021 (the portion of FY 2021 under Biden). Expulsions further declined in FY 2022, as fewer than 48 percent of illegal migrants apprehended at the Southwest border last fiscal year were expelled under Title 42.
https://cis.org/Arthur/SCOTUS-Stays-End-Title-42
