Biden Administration: Title 42 Termination “Will Likely Lead to ... a Temporary Increase in Unlawful Border Crossings”
By George Fishman on December 23, 2022
Per the order of Chief Justice John Roberts, Solicitor General Elizabeth Prelogar earlier this week filed the federal government’s “Opposition to the Application for a Stay Pending Certiorari” made by a group of states seeking to prevent execution of U.S. District Court Judge Judge Emmet Sullivan’s termination order for Title 42.
Prelogar, no surprise, argues that the Supreme Court should lift Roberts’ stay (after a few days) and allow our southwest border to descend into a level of chaos bordering on Apocalypse Now. She at least admits that DHS’s mission is to “secure the Nation’s borders”, but that is a mere formality, since to the Biden administration the borders are already secure, thank you.
She also “recognizes that the end of the Title 42 orders will likely lead to disruption and a temporary increase in unlawful border crossings” and that “The government in no way seeks to minimize the seriousness of that problem.” That sort of language is maybe appropriate for an online retailer to break it to a customer that their order will not arrive in time for Christmas, but not really appropriate to describe DHS’s own estimate that illegal border crossings could rise to over 18,000 per day — or six and a half million per year — following the termination of Title 42. As my colleague Andrew Arthur has warned, at such point “the United States will have no borders and will cease being a ‘nation state’ or a nation.”
Prelogar decisively proclaims that these “disruptive consequences ... will require a response”[!]. She then telegraphs to the Supreme Court and the nation what the Biden administration’s response will entail (derived from its puerile "Update on Southwest Border Security and Preparedness Ahead of Court Ordered Lifting of Title 42", which I discussed a few days ago).
I'll let the Solicitor General describe the Biden administration’s “solution”:
https://cis.org/Fishman/Biden-Administration-Title-42-Termination-Will-Likely-Lead-Temporary-Increase-Unlawful
