On Tuesday, the Supreme Court of the United States (SCOTUS) ruled to extend a Trump-era COVID-19 policy that lessened illegal immigration.
The policy, based on Section 265 of Title 42 of U.S. health law, restricts border access to illegal immigrants due to health concerns. Title 42 went into effect at the start of the COVID-19 pandemic.
In April, the Biden administration said it would no longer enforce the Title 42 policy. In November, a federal judge in Washington, D.C. ordered that the policy dissolve on December 21. A stay imposed last week by Chief Justice John Roberts kept the policy in place while SCOTUS reached a decision.
Nearly two dozen states filed motions with SCOTUS to keep the policy in place. Alabama Attorney General Steve Marshall filed on behalf of the state in November.
SCOTUS ruled on Tuesday in a 5-4 decision that the policy should be left in place for the time being until the case is fully argued before the Court in February 2023; Roberts' stay will remain in place until then.
In the dissent, Justices Neil Gorsuch and Ketanji Brown Jackson wrote that even if the Court were to find the states have the right to intervene and Title 42 was lawfully adopted, "the emergency on which those orders were premised has long since lapsed."
U.S. Rep. Gary Palmer (R-Hoover) took to Twitter to applaud the decision of the Court and took a few shots at the Biden administration in the process.
SCOTUS made the right decisions by extending Title 42. The Biden Administration has no plan to stop the unfolding crisis at the southern border and is putting Americans at risk with their decision making.— Gary Palmer (@USRepGaryPalmer) December 27, 2022
U.S. Rep. Barry Moore (R-Enterprise) applauded the decision and pressed for additional border security.
🚨 This is an enormous decision that will stop the advance of countless foreign nationals waiting for #Title42 to end before crossing the border. While this news is positive, our border will remain in crisis until Biden commits to ending lawlessness at our border and beyond. https://t.co/nsKMTJTDTG— Rep. Barry Moore (@RepBarryMoore) December 27, 2022
U.S. Senator-elect Katie Britt joined her soon-to-be-colleagues in praising the SCOTUS decision, joining in the call for tighter border security.
This is good news.— Katie Britt for AL (@KatieBrittforAL) December 27, 2022
Title 42 staying in place will keep the already unprecedented border crisis from devolving into further chaos. But the situation won’t get better until we seal and secure the border.https://t.co/TyL7ukypIQ
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