The Supreme Court of the United States ordered this Tuesday the Government of President Joe Biden to keep Title 42 in force in a precautionary mannerthe health regulation that allows the immediate expulsion of migrants at the border.
The Supreme Court, in a decision made with the vote of five judges in favor of four against, thus agreed to the request of prosecutors from 19 states to freeze the suspension of Title 42 while the future of this rule is settled in court.
The high court will hear the arguments of these states and the federal government in February.
The border between Mexico and the United States is still full of migrants these days, waiting for the Supreme Court to decide, after this Court already issued a precautionary order to suspend the lifting of this rule, which was scheduled for December 21.
Now, the Supreme maintains the measure indefinitely, at least until after hearing the arguments of the parties.
A group of prosecutors from 19 states, including Texas, were the ones who caused the Supreme Court to rule, alleging that the suspension would cause “massive and irreparable damage” in immigration matters.
(Also read: USA: uncertainty reigns at the border after decision to maintain Title 42)
In the border city of El Paso, the migratory flow increased by 280%
Patrick T. Fallon / AFP
The origin of the measure
In March 2020, the government of Republican Donald Trump (2017-2021) activated this health instrument to be able toexpel migrants without a residence permit without delay detained at land borders.
The application of this measure is immediate, does not allow legal recourse and does not provide for the automatic return to the country of origin of the migrants.
Rare exceptions are provided for certain nationalities, such as Ukrainians since the invasion of their country by Russia, or for unaccompanied minors.
(You can read: US Supreme Court maintains a measure that allows migrants to be blocked at the border)
They consider it “inhumane” to prevent a potential asylum seeker from formulating his procedure
Activists and human rights experts consider the measure a violation of international law. In particular, they consider it “inhumane” to prevent a potential asylum seeker from formulating his process in this regard.
In his opinion, the current system only encourages migrants to cross the border illegally and take ever greater risks to arrive by crossing deserts, hostile areas or rivers conducive to drowning.
Since it came into effect in 2020, the regulation has allowed the expedited expulsion of more than 2.7 million, according to data from the International Rescue Committee.
*With information from AFP and EFE
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