December 23, 2022

SCOTUS Grants Republican AGs Stay on Title 42 Immigration Authority

Lori Kalani, Bernard Nash

Cozen O'Connor

+ Follow Contact

Facebook

Send

Embed

Cozen O'Connor

The U.S. Supreme Court granted a request from a group of 19 GOP AGs to extend Title 42 immigration authority that was set to expire December 21. The Title 42 restrictions were put in place by the Trump administration in March 2020 and allowed government officials to expel individuals who unlawfully entered the country to Mexico under the so-called “Remain in Mexico” program. In November, D.C. Circuit Court Judge Emmet Sullivan vacated Title 42, finding the policy was arbitrary and capricious.
According to the AGs’ application for a stay, there is a reasonable probability that the Court would grant certiorari on the issue and a fair prospect it would ultimately vote to reverse the D.C. Circuit’s decision finding Title 42 unlawful. They argue a stay is necessary because the states would be irreparably harmed by a huge influx of daily border crossings that would increase the states’ law enforcement, education, and healthcare costs.
Chief Justice John Roberts signed the order granting the application for an administrative stay.

Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.