Title 42 Upheld

Supreme Court

The United States Supreme Court has decided to uphold the controversial border directive, Title 42. Keep reading for more information.

Title 42

Title 42 is section of U.S. code dating back to 1944. Under the law, federal health authorities are given the right to prohibit migrants from entering the United States if they pose a threat to public health. In order for a migrant to be considered a threat to public health, they must test positive for a communicable disease. Traditionally, individuals are prevented from migration if they have a highly communicable disease or come from an area under an epidemic. For example, in recent years, Tite42 has been used to control outbreaks of the coronavirus or COVID-19 and associated variants.

The Centers for Disease Control and Prevention invoked Title 42 in 2020 but the government must make decisions regarding the maintenance of these policies. The Biden administration promised to reform the immigration system but has not taken strides to address Title 42. Instead, the decision has been left to the Supreme Court who made their decision last month.

The Supreme Court Decision

The decision, released by Justice John Roberts, states that the court grants approval for a Title 42 extension instead of letting it expire. It’s important to note that the policy has restricted thousands of migrants and asylees from entering the United States leaving them with no other choice but to wait just over the border for approval.

Title 42 coupled with the controversial Remain in Mexico policy have created a crisis at the border where migrants are crowded together on the other side of the border in camps that are low on food, clean water, and other supplies and unsafe.

The Supreme Court’s decision will keep the policy in effect and will continue to be used to justify expulsion of certain migrants to Mexico. The Court encouraged the government to provide funding for Department of Homeland Security officials and border control officers to manage the boarder.

The Biden administration has reportedly been drafting restrictions to asylum access in addition to Title 42, but there are no finalized decisions scheduled for release.

Your Rights

If you or a loved one has been affected by Title 42 or other restrictions regarding immigration to the United States, Nathan Christensen, P.C. can help. Our team of experienced legal professionals understands how confusing and frustrating the immigration system can be. We provide legal guidance and support to our clients and serve as fierce defenders when they are faced with removal.

Schedule a consultation with Nathan Christensen, P.C. today for more information.

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