GOP states ask SCOTUS to intervene before major Trump-era border policy ends

Republican states asked the Supreme Court Monday to intervene in a federal judge’s recent decision to end a major Trump-era border policy Dec. 21.

Attorneys General Jeff Landry of Louisiana and Mark Brnovich of Arizona, along with over one dozen Republican states, requested Wednesday that the high court pause a decision to end Title 42, a public health policy the Trump administration invoked to mitigate the spread of COVID-19 by expelling certain illegal immigrants, according to a court filing. The states argue that the end of the policy will spell immense harm for their states due to the massive influx of illegal immigrants that are expected to cross the border, an argument which they previously made in an earlier attempt to keep the policy from ending.

A federal appeals court denied an earlier attempt by Republican states to keep the policy intact.

“Such a stay is particularly appropriate given the enormous harms that would otherwise be inflicted upon the States and further because there is not the slightest indication that DHS could ever meaningfully remedy those harms after they have occurred,” the Republican states wrote to Supreme Court Chief Justice John Roberts Monday.

The Biden administration’s Center for Disease Control and Prevention (CDC) tried to end the policy in May, before Republican states succeeded in having a federal judge intervene to keep it in place. Following that order, the Biden administration’s tune changed and it moved in support of keeping the policy by applying Title 42 to more groups of migrants from Venezuela and Cuba.

Title 42 Emergency Application for Stay File Version by Daily Caller News Foundation on Scribd

Federal border authorities have seen record numbers of illegal immigrants at the southern border, with more than 2.3 migrant encounters in fiscal year 2022. The end of Title 42 is only expected to make matters worse, according to current and former officials who recently spoke with the Daily Caller News Foundation.

“Believe it or not, getting rid of title 42 is going to make it even worse,” Former Border Patrol Chief Rodney Scott recently told the DCNF.

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