The Supreme Court of the United States announced on Tuesday December 27 the maintenance of a measure taken during the Covid-19 pandemic allowing the deportation of migrants at the border. The lifting of this policy, called “Title 42”was contested by 19 American states, which feared an influx of migrants at the border with Mexico.
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In March 2020, the government of former President Donald Trump activated this health system to be able to expel without delay migrants without residence permits arrested at land borders, including potential asylum seekers.
This expulsion measure is immediate, does not allow legal recourse and does not provide for automatic return to the country of origin. Rare exceptions are provided for, for certain nationalities such as Ukrainians since the invasion of their country by Russia, or for unaccompanied minors.
A “horrific measure”
Human rights activists and experts consider it a violation of international law. In particular, they believe “inhuman” to prevent a potential asylum seeker from making such a request.
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For them, the current system only encourages migrants to cross the border illegally and to take ever increasing risks to get there by crossing hostile deserts or rivers conducive to drowning.
“We continue to challenge this horrific measure that has caused so much harm to asylum seekers”said lawyer Lee Gelernt, who argued against the procedure on behalf of the powerful civil rights association ACLU.
Fences and fences
“Title 42” has been the subject of several separate court battles. A court of first instance, then another of appeal, had pronounced in favor of its repeal.
For Refugees International, “a majority of Supreme Court justices have now effectively approved the continuation of the pushbacks, and will be responsible for what the lower court called ‘irreparable harm’ to asylum seekers being deported name of “Title 42””.
In anticipation of a potential lifting of the measure, several municipalities on the southern border of the United States had begun to install fences and fences. Many migrants have been waiting around the border for the past few weeks, hoping to be able to apply for asylum in the United States.
Final decision next spring
The measure will ultimately remain in place until the Supreme Court decides on the merits of this case. It will hear the arguments of both parties in February 2023 and will issue its decision next spring.
That gives the Biden administration a few extra months to prepare for a potential influx of migrants.
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When leaving Washington for vacation, Joe Biden said the end of the “Title 42” should have taken place a long time ago, but that his administration would respect the decision of the Supreme Court pending its final decision, “apparently in June”. “Until that date, we must apply” measure, added the Democratic president.
Shortly after the high court’s decision was announced, the White House urged lawmakers to pass a “in-depth reform” of the migration system. During his election campaign, Joe Biden had promised an overhaul of the migration policy, but all his bills are bogged down in Congress.
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His administration is currently struggling to put in place a sustainable strategy to manage arrivals at the 3,000 kilometer long border with Mexico.
Clandestine arrivals at the US border with Mexico are currently breaking all-time records, with more than 200,000 arrests in November alone.
Immigration is an explosive political topic in the United States. The Republican opposition relentlessly attacks Joe Biden, accused of having turned the border into a sieve.
The Supreme Court’s decision was immediately applauded by the Republican camp. “It will prevent the populations living on the border from sinking into total chaos”greeted the elected Texan Tony Gonzales.
