United States: the Supreme Court upholds a measure blocking irregular migrants
The Supreme Court decides on the merits of this case and will render its decision next spring.
The U.S. Supreme Court on Tuesday upheld a measure taken during the COVID-19 pandemic to deport migrants at the border.
The lifting of this policy, dubbed Title 42, was opposed by 19 American states, which feared an influx of migrants at the border with Mexico.
In March 2020, the government of #x27;former President Donald Trump had activated this health system to be able to expel without delay migrants without residence permits apprehended at land borders, including potential asylum seekers.
This deportation 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.
Human rights activists and experts consider it a violation of international law. In particular, they consider it inhumane to prevent a potential asylum seeker from making such a request.
For them, the current system only encourages migrants to cross the border illegally and take ever-increasing risks to get there by crossing hostile deserts or drowning-prone rivers.
We continue to challenge this horrific measure that has caused so much harm to asylum seekers, said attorney Lee Gelernt, who argued against the proceedings on behalf of the American Civil Liberties Union ( ACLU).
Title 42 has been the subject of several separate court battles. A court of first instance, then another of appeal had decided for its repeal.
Migrants irregularly entering the United States, view from Mexico.
For Refugees International, the majority of Supreme Court justices have now effectively approved the perpetuation of the pushbacks, and will be liable for what the trial court called irreparable harm, which is imposed on asylum seekers deported in the 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 chain-link 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.
The measure will ultimately remain in place until the Supreme Court rules on the merits of the case. It will hear arguments from both sides in February 2023 and deliver its decision next spring.
This gives the Biden administration a few more months to prepare for a potential influx of migrants.
As he left Washington for a vacation, Joe Biden said the end of Title 42 was long overdue, but his administration would respect the decision of the Supreme Court pending its final decision, apparently in June.
Until that date, we must apply [the measure], added the Democratic president.
Soon after the announcement of the decision of the high court, the White House had urged elected officials to adopt an in-depth reform of the migration system. During his election campaign, Joe Biden promised a migration policy overhaul, but all of his bills are bogged down in Congress.
US President Joe Biden.
His administration is currently struggling to set up 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 historic records, with over 200,000 arrests in November alone.
Irregular immigration is a hot political topic in the United States. The Republican opposition relentlessly attacks Joe Biden, accused of turning the border into a sieve.
The Supreme Court's decision was immediately applauded by the Republican camp. It will prevent people living on the border from sinking into total chaos, welcomed Texan elected official Tony Gonzales.