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Supreme Court Issues Dubious Ruling that Perpetuates Title 42 "Public Health" Expulsions of Migrants

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On Tuesday, the Supreme Court released a 5-4 decision that will likely have the effect to keep Title 42 expulsions of migrants from the US south border. The Supreme Court keeps in place a November DC district court ruling declaring that the policy is illegal, citing the Administrative Procedure Act. Until then the Supreme Court can review the case further. Over 2 million migrants have been removed under Title 42 since March 2020. This includes many who otherwise would have been able to remain in the US for long enough to file for asylum. This has caused great suffering for migrants who have been expelled to areas that are at risk of persecution and violence.

TheĀ  Supreme Court is not going to consider the case on the merits. It will instead review the December 16 US Court of Appeals DC Circuit decision that stopped a group of GOP-controlled States from intervening in this case. This was after the Biden Administration seemed ready to repeal Title 42 rather than defend it.

Title 42 expulsions were initiated by the Trump Administration in March 2020, and continued…



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