Title 42 will end when COVID-19 public health emergency expires, Biden officials tells Supreme Court
The told the Tuesday that its intent to let the coronavirus public health emergency expire in May will moot the ongoing case over a Trump-era border restriction.
Video above: What is Title 42?
"Absent other relevant developments, the end of the public health emergency will (among other consequences) terminate the Title 42 orders and moot this case. The government has also recently announced its intent to adopt new Title 8 policies to address the situation at the border once the Title 42 orders end," Solicitor General Elizabeth Prelogar wrote in a filing submitted to the high court.
The Trump administration invoked at the onset of the coronavirus pandemic. The public health authority allows border officials to turn away migrants encountered at the in the name of COVID-19 prevention.
Title 42 has been the subject of ongoing litigation amid efforts.
Last year, Republican-led states, which had already filed suit in a separate court, requested to intervene in a case, arguing that the program should be left in place. The Supreme Court agreed to leave the program in effect and said it would hear arguments on March 1 on whether the GOP-led states can intervene. The administration's brief was filed in advance of those scheduled arguments, which could potentially be impacted.
"The anticipated end of the public health emergency on May 11, and the resulting expiration of the operative Title 42 order, would render this case moot: Because the Title 42 order would have 'expired by its own terms,' this suit seeking only prospective relief would 'no longer present a "live case or controversy,'" the filing states.
"In that event, the government will ask the court of appeals to vacate the district court's judgment and remand with instructions to dismiss private respondents' suit as moot," it continues.
The Biden administration first announced it would suspend the controversial public health order, with the U.S. Centers for Disease Control and Prevention saying at the time that Title 42 was "no longer necessary."
Video above: Large group of migrants wades across Rio Grande towards El Paso
But that effort was blocked by a federal judge in Louisiana, until another federal judge in the District of Columbia ordered it to end. The Supreme Court in December the restriction to remain in effect while legal challenges play out 바카라 게임 웹사이트 a victory for the GOP-led states.
Arizona Attorney General Mark Brnovich 바카라 게임 웹사이트 who took the lead for the states 바카라 게임 웹사이트 has said that "getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border," adding: "Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000."
During the monthslong legal saga, the Biden administration continued to use Title 42 to send migrants who unlawfully crossed back over the border.
The authority 바카라 게임 웹사이트 which was heavily criticized by public health experts and immigrant advocates 바카라 게임 웹사이트 had largely barred asylum at the U.S.-Mexico border, marking an unprecedented departure from traditional protocol. Its end could restore access to asylum for arriving migrants, allowing them to enter the U.S. and make their case in immigration court.