Immigration: Title 42 has been Extended

Paul Michael
3 min readJan 11, 2023

The United States Supreme Court voted 5–4 in favor of extending the controversial Title 42 until a final decision is made in June of 2023.

In addition, a hearing is set for February as the Supreme Court justices will give republican led states a chance to argue against permanently repealing the law.

What is Title 42?

Title 42 is a Trump administration policy that allows for quicker deportations and rejection of asylum. The approach is based on the Covid-19 law seen as a necessary public health measure by conservatives. Over 2 million people have been deported under this law since 2020 when the pandemic began. The title is quite controversial as many advocates and lawmakers who oppose the law and its extension today say it operates as just a guise to deport more people from the southern border. However, as record numbers of migrants arrive at the border, even some democrats say there is a need for a more thorough organization at the Rio Grande arrival point, calling for its extension for fear that more migrants will pass through the border, causing even more logistical challenges. Places like El Paso, Texas, symbolically and geographically, are ground zero for migrants and their families affected by this policy. In the last few weeks, reporters in El Paso have reported an increased presence of military and national guard troops. Guards can be seen installing new fencing that reaches up to two miles in length along the Rio Grande river.

The policy extension has some analysts questioning today’s Supreme Court ruling:

[Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, called the order “procedurally bizarre.”] (CNN 1).

“This order is procedurally bizarre, in that it agrees to a request to freeze a district court ruling by states that weren’t even parties to that decision solely to decide whether they should have been allowed to intervene and defend that ruling on appeal,” Vladeck said. “Title 42 aside, that has enormous potential consequences for the ability of states going forward to fight to keep the current president from rescinding policies of her predecessors.”

Texas National Guard at the U.S./Mexico Boarder (Photo credit: CNN)

Many migrants who are processed into the United States in El Paso, Texas, have nowhere to go, leaving some to sleep in the streets of the metropolitan city. The city’s infrastructure can only take a little more resources to house and support the mass influx of people from the southern border. Forcing the city to declare and, most recently, extend an emergency order.

According to a report by NPR, some local churches have begun sheltering migrants from the elements of the past holiday ‘Bomb Cyclone’ that dipped temperatures even as far south as El Paso to 15 degrees Fahrenheit.

Immigration remains a challenging issue that requires dynamic solutions and collaboration. Our work understanding these issues has only begun.

A Positive Pledge

The Modern Journalism Project is an investigative newsroom based in Kansas City, Missouri, dedicated in 2023 to bringing unique stories to form.

Full credit to CNBC and CNN for the information and quotes from Steve*

Sources:

https://www.cnbc.com/2022/12/27/supreme-court-extends-trump-era-pandemic-immigration-rules-to-allow-quicker-deportations.html

https://www.cnn.com/2022/12/27/politics/supreme-court-title-42/index.html

https://abcnews.go.com/Politics/record-number-migrants-crossed-southern-border-november-cbp/story?id=95772027

https://www.bbc.com/news/world-us-canada-64061588

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Paul Michael

Midwest-based investigative journalist. Founder of The Modern Journalism Project