Nineteen states joined a petition to the Supreme Court this week, asking that the expiration of Title 42 be stayed until a higher court can review the decision made by the United States District Court for the District of Columbia to allow it to expire.
A court ordered the Biden administration to stop using authority under Title 42 — a public health order that has been used since the start of the COVID-19 pandemic to return migrants to Mexico — after that it was deemed illegal.
As a result, title 42 will disappear at 00:01 on December 21, ie this Wednesday.
TEXAS BORDER PATROL FACILITY OVERWHELMED BY ILLEGAL IMMIGRANTS AS TITLE 42 EXPIRATION APPEARS
The nineteen states seeking a SCOTUS suspension order are Arizona, Louisiana, Missouri, Alabama, Alaska, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Tennessee, Utah, Virginia, West Virginia and Wyoming.
The plaintiffs suggest, in the legal document, that the federal government choose when to use certiorari, or review by a higher court. In that case, the plaintiffs said the federal government sought to leverage a litigation loss as a basis to immediately repeal an unwanted rule without using notice and comment procedures, circumventing procedural law. administrative, or APA.
“The premise of the United States ‘it is legal’ when we say it is legal ‘makes no pretense of propriety,’ reads the application. “And his too-cute tactic of only appealing after states request intervention and then suspending that appeal indefinitely is not substantially different from surrender.
WHITE HOUSE INSISTS IT’S PREPARING FOR TITLE 42 EXPIRY, DON’T SAY HOW
“No one reasonably disputes that failure to grant a stay will cause a crisis of unprecedented magnitude at the border,” the petitioners added.
The Department of Homeland Security, or DHS, estimates that daily illegal crossings could increase from 7,000 to 15,000 a day once Title 42 is terminated.
Due to an expected increase in the number of illegal immigrants crossing the border after Title 42 expired, DHS requested $3 billion to $4 billion to handle the influx, which the Biden administration agreed to provide. .
US COURT OF APPEALS ALLOWS TITLE 42 IMMIGRATION RULES TO EXPIRE AS PRESIDENT BIDEN REMAINS SILENT ON MIGRATION FIX
Still, the nineteen states are pushing for further review before Title 42 expires.
“…The denial of a stay here will inflict massive irreparable harm on the States, especially since the States ‘bear many of the consequences of illegal immigration,'” the application reads. , even California Governor Gavin Newsom recently said terminating Title 42 would “break” California’s ability to handle the influx.”
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For these reasons, the 19 states asked the SCOTUS to grant a stay until certiorari could intervene. In the meantime, the states have also requested an immediate administrative stay pending resolution of the stay request.