The legacy of John Roberts is not going to be pretty. |
Just to let you know, Chief Justice John Roberts will never be regarded as an iconic Supreme Court member. He will likely join the ranks of many infamous Chief Justices whose reputations will be tarnished by their decisions that go against public opinion and public legacy.
He will be ranked among those like Roger Taney.
On Monday, the Republicans went to the Supreme Court to have an emergency hearing.
The Court would put a temporary hold on ending the controversial stay in Mexico policy.
They want to reinforce the Title 42 a coronavirus policy which maintain migrants stay in Mexico to prevent the spread of the deadly disease. It is unconstitutional but Republicans want to push this noise despite the legality.
As folks want to seek asylum from countries that have chaos, they faces hurdles coming to the United States. The Republicans supposedly the party of tolerance wants to keep immigrants from the Southern border out.
During the COVID-19 pandemic, Washed Up 45'sf administration used this provision (section 265) to generally block land entry for many migrants. This practice has been continued by the Biden administration with expansion. Title 42 of the United States Code includes numerous sections dealing with public health, social welfare, and civil rights, but, in the context of immigration, the phrase "Title 42" came to be used to refer specifically to expulsions under section 265.
The program allows the US Border Patrol and US Customs and Border Protection to prohibit the entry of persons who potentially pose a health risk by being subject to previously-announced travel restrictions or because by unlawfully entering the country to bypass health-screening measures. Its use was implemented under the Washed Up 45 administration and has continued under the Biden administration to prohibit asylum seekers from lawfully petitioning for asylum in the United States. Persons subject to the order are not held in congregate areas for processing and are instead immediately expelled to their country of last transit. If they are unable to be returned to the country of last transit (because that country will not accept them due to their nationality), the Border Patrol will work with its interagency partners to expel the person to their country of origin. Expulsions under Title 42 are not based on immigration status and are tracked separately from immigration. In some cases, this is not possible, and migrants may be expelled to a third country that will accept them based on previous residency. At the discretion of the administration, Title 42 can be used even for people who would normally have temporary protected status based on their country of origin.
As of November 15, 2022, Title 42 is currently unenforceable, as DC federal judge Emmet G. Sullivan ruled that the policy is a violation of the Administrative Procedure Act.
On December 19, 2022, Roberts issued a temporary hold on ending of Title 42, thus preventing the Biden administration from lifting Title 42.
In the one-page order, Roberts granted a stay pending further order and asked the government to respond by 5 p.m. Tuesday. That is just hours before the restrictions are slated to expire on Wednesday.
Immigration advocates sued to stop the use of Title 42 to limit who can apply for asylum, saying that the policy goes against American and international obligations to people fleeing to the U.S. to escape persecution. And they've argued that things like vaccines and treatments for the coronavirus have made the policy outdated.
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