Chief justice temporarily blocks Title 42 end, indicates further action from court could come soon

Chief Justice John Roberts on Monday temporarily halted the Biden administration’s planned lifting of the anti-asylum Title 42 order, granting a so-called emergency appeal from a slate of Republican attorneys general. “So-called emergency appeal,” because the appeals court panel that had last week denied the GOP request noted that the group of 19 attorneys general had waited too long to file their request.

The Biden administration had planned to lift the debunked public health order that’s used the pandemic as an excuse to quickly deport asylum-seekers in violation of their rights Tuesday evening, following a lower court order. Roberts instructed the administration to respond by this evening, indicating more action could be imminent. Legal expert Mark Joseph Stern noted that Roberts’ administrative stay “does not hint at the eventual outcome.”

RELATED STORY: D.C. Court of Appeals panel rejects GOP effort trying to keep anti-asylum policy in place

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Republicans have simultaneously claimed that the Biden administration has an “open borders” policy while insisting that the Title 42 policy—which was implemented against the advice of public health experts by noted white supremacist Stephen Miller and Mike Pence at the beginning of the pandemic in March 2020—must stay in place indefinitely. They have also insisted this public health order remain as they’ve consistently challenged other pandemic-related orders by the administration.

“The Biden administration, for its part, has insisted it is prepared to lift Title 42, saying the restoration of regular immigration procedures, such expedited deportations, will allow the U.S. to gradually reduce migrant arrivals and the high rate of repeat crossings recorded during the pandemic,” CBS News reported.

That last part is crucial: Title 42 in fact led to an increase in apprehensions, because desperate people blocked from their asylum rights and expelled have had no choice but to try again. It’s a failed policy, and its lifting would put our country back on the side of respecting U.S. and international asylum law. In a statement, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said that as required by Roberts’ order, “the Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.”

“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts,” Mayorkas continued. “We urge Congress to use this time to provide the funds we have requested for border security and management and advance the comprehensive immigration measures President Biden proposed on his first day in office.”

House Republicans set to take power in the next Congress have indicated they’re serious about leading on immigration policy … by pushing a harebrained idea to impeach Mayorkas. Over what crimes? They haven’t figured that part out yet.

Vice President Kamala Harris similarly noted the need for lawmakers to lead on comprehensive immigration measures, and she called out for Republicans for failing to come to the table. They obsess on the issue of immigration only when it’s election season (my words, not hers). For example, a proposed framework that would have passed permanent relief for young immigrants in exchange for harsh border measures recently failed, derailed by Republicans’ “border first” excuses even though there was border stuff in there.

"I think that there is so much that needs to happen to address the issue," the vice president told NPR. "And sadly, what we have seen in particular, I am sad to say, from Republicans in Congress is an unwillingness to engage in any meaningful reform that could actually fix a lot of what we are witnessing.”

RELATED STORIES:

Biden admin set to lift anti-asylum Title 42 order next week, but GOP appeal may now delay that

'Arbitrary and capricious': In victory for asylum-seekers, judge orders end to Miller pandemic order

Testimony confirms Title 42 was never about public health, it was about deporting asylum-seekers

Cages installed outside Iowa caucus sites remind public to not look away from anti-immigrant abuses

Iowans on their way to caucus in Des Moines on Monday may encounter a reminder from a leading immigrant and refugee rights advocacy group: in the midst of the Republican Senate’s sham impeachment trial, threats of war with Iran, and other imperial presidency horrors, abuses at our southern border and in detention facilities across the U.S. continue. 

“We put up a dozen chain-link cages in the city, placing them outside caucus sites, media offices, and other prominent places in the city, like city hall,” RAICES said in a statement received by Daily Kos. “These cages have fake children inside covered with mylar blankets, symbolizing the children jailed in detention along the border and throughout the country. Each cage includes a #DontLookAway sign and plays an actual recording from a child who was kept in detention.”

RAICES, which in 2018 donated millions to assist in the reunification of families separated by the Trump administration’s “zero tolerance” policy, seeks to keep a focus on anti-immigrant policies that, in just a few examples, have jailed record numbers of people in inhumane Immigration and Customs Enforcement facilities (and in direct defiance of congressional limits), contributed to the in-custody deaths of a number of children and other vulnerable populations, and blocked the U.S. and international rights of asylum-seekers.

“We’re doing this as the administration has broken records in immigration detention by keeping up to 55,000 people jailed at once, and has sent back more than 60,000 people to Mexico to await their asylum hearings in conditions that are utterly depraved, as we have been documenting for months,” RAICES continued in the statement. “We’re doing this as the Trump administration has quadrupled workplace raids that target people holding a job and paying taxes in this country.”

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This isn’t the first time RAICES has used installations to call attention to the rights of immigrants and refugees. At the 2019 South by Southwest Convention, the group recreated the notorious “ice boxes” where migrants are initially held by Border Patrol, and then later that year installed cages across New York City. “We’re replicating the action in Des Moines at the height of the most anticipated caucus in modern history,” RAICES said. “We’re doing this because almost no politicians in this country are laser-focused on immigration. While some do far better than others, the horror at our border still goes ignored far too often, absent from the policy debates and statements from elected officials.”

But our nation’s immigration system doesn’t have to be this way. The group points to its Migrant Justice Platform, which pushes for major changes to our current and unjust system, including “a full moratorium on deportations, an end to immigrant detention, citizenship for all 11 million undocumented people in the country, demilitarization of the border, the dismantling of ICE and CBP, and the formation of truth and reconciliation committees examining the human rights abuses committed against immigrants by past administrations,” the group said.

“The horrors at our border and throughout our immigration system are too often ignored by the public and politicians,” chief advocacy officer Erika Andiola said in the statement. “We’re asking people in Iowa and across the country: Don’t look away from the terrors enacted in your name. Don’t look away from the kids in cages, the asylum-seekers turned back at our border, the deportation raids destroying communities across the country. This anti-immigrant crackdown has to end.”