Supreme Court Title 42 ruling gives Biden a break from criticism from Democrats

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The Supreme Court gave President Joe Biden a break from Democratic criticism of immigration policy by allowing Title 42 to remain in place on Tuesday.

Title 42, a pandemic-era rule that allows authorities to send migrants back across the border without going through a formal asylum process, was first initiated by the former President Donald Trump at the start of the COVID-19 pandemic to prevent the spread of the virus. . But while other pandemic-related policies have waned, Title 42 has remained in place, dividing Democrats.

Moderates have found themselves at odds with the Biden administration over Title 42, as they warn an influx of asylum seekers could overwhelm an already strained immigration system if the rule ends. Immigration advocates, however, say the rule was never intended as an immigration enforcement tool, is no longer needed as the pandemic winds down and violates the rights of asylum seekers.

The Democratic infighting left Biden in a precarious position on Title 42, as his administration called for an end to it earlier in December, drawing criticism from centrists and Republicans, who pointed to midterm border security.

Above is a photo of President Joe Biden alongside an inset of Senator Joe Manchin. Biden has faced criticism from some Democrats, including Manchin, over immigration. But the Supreme Court’s decision to keep Title 42 in place until the justices rule on his case could offer him temporary relief from that criticism. Alex Wong/Getty Images; Kevin Dietsch/Getty Images

The Supreme Court, just days before the end of Title 42, ruled in favor of keeping the policy in place on Tuesday, potentially giving Biden some respite from a problem that has so far hampered his tenure.

That pause may not last long, however, as the Biden administration is set to defend its opposition to Title 42 in February, when the Supreme Court hears the case on whether the rule should stand. He will remain in place until the judges decide this case.

White House press secretary Karine Jean-Pierre told reporters on Tuesday that Biden would comply with the order, prepare for the court’s consideration of the case and refocus efforts on comprehensive reform. immigration, according to the Associated Press.

“At the same time, we are moving forward with our preparations to manage the border in a safe, orderly and humane manner when Title 42 is finally lifted and will continue to expand legal pathways for immigration,” Jean-Pierre said, reporting the PA. “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.”

Democrats break with Biden for title 42

Immigration has long been a sore point for Democratic infighting, with progressives advocating comprehensive humanitarian-focused immigration reform. More moderate Democrats, like Texas Rep. Henry Cuellar, meanwhile have backed bipartisan efforts that receive Republican backing.

Cuellar was among leading Democrats criticizing the Biden administration for opposing Title 42, wondering when the Biden administration will come up with an immigration plan earlier in December during an appearance on CBS News’ Face the Nation.

“They’ve been talking about this plan for two years. They blame Republicans. They blame Congress. How long is this plan going to…take effect?” Cuellar asked.

In a Twitter thread on Tuesday, Cuellar highlighted the need for immigration reform, writing in a tweet: “Now we need a consequences policy for those who are sent back to Mexico or their country of origin. “Under current law, there is a 5-year ban on seeking asylum for those who are returned because they have failed to comply with the law.”

He also sent a letter to the Biden administration with moderate Democratic West Virginia Sen. Joe Manchin and other lawmakers warning of a “total loss of operational control” if Title 42 is revoked.

“While admittedly imperfect, termination of the CDC’s Title 42 order at this time will result in a complete loss of operational control over the southern border, a profoundly negative impact on border communities, and significant suffering and death among migrants. illegally entering the United States,” the letter read.

Meanwhile, California Governor Gavin Newsom – seen as a potential presidential candidate if Biden does not run – has also visited parts of the US-Mexico border, with Biden rejecting calls to do so. Although Newsom has largely defended Biden’s handling of immigration, some have questioned whether the visit indicates presidential aspirations.

Newsweek has contacted the White House for comment.

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