Last Thursday, the Supreme Court decided to call off the argument in favor of the measure on March 1, after the Biden administration filed a brief saying the measure would soon be invalid.
This seems to provide an answer to the question of when does Title 42 expire.
At Jaskot Law, we like to keep you up to date on the latest developments in immigration law. If you have any legal questions about your particular situation, contact us, and an experienced lawyer will give you all the help you need.
The end of Title 42 is getting closer
On Thursday, the Supreme Court called off arguments on a challenge to the end of a pandemic-era immigration measure. This move suggested it might dismiss the case based on the Biden administration’s announcement that the health emergency would end in May.
The justices were scheduled to hear arguments from some Republican states in favor of the measure on March 1. However, on Thursday, a simple entry in the court’s agenda announced that the case had been removed from the calendar without further explanation.
The news came after Attorney General Elizabeth B. Prelogar filed a brief last week stating that the case would soon be moot.
To the Attorney General:
“Absent other relevant developments, the end of the public health emergency will (among other consequences) terminate the Title 42 orders and moot this case.”
All seems to show that the Supreme Court is inclined to accept Prelogar’s argument. Thus, barring other developments, the case will be dismissed, and the suspension that had kept the measure in force will be lifted.
When does Title 42 expire?
With this scenario in mind, it could be said that Title 42 would expire in May, along with the end of the U.S. government’s public health emergency.
However, caution must be exercised, not only because the final verdict of the court is still pending, but also because the overall picture left by the end of the anti-immigration measure has its pitfalls.
The outlook after the end of Title 42 in the United States
The question of when will Title 42 expire already seems to have an answer. However, this does not necessarily mean that the right to seek asylum at the border is restored.
The Biden administration is working on new limits on asylum, such as the asylum transit ban, and expedited removal, which will make the process more difficult for asylum seekers.
In addition, it should be noted that although the current government ended the Trump administration’s measure in December 2022, humanitarian asylum never ceased to be in jeopardy.
In addition to these measures, there are also negotiations with Mexico to allow the removal of non-Mexican citizens across the border. All of this does not reflect an encouraging scenario for migrants, even with the great relief that the final repeal of Title 42 would bring.
However, the Biden Administration is also looking to expand alternative legal avenues for immigrants, such as the Humanitarian Permits, and the CBP One mobile app to apply for Title 42 exemptions. These are initiatives that bring some relief, but they have flaws that need to be addressed.
Beyond the repeal of Title 42, it is necessary to find a better and safer way to regularize the entry into the country of migrants seeking protection. Cutting the right to seek asylum short is not a solution, and the United States needs to expand its legal avenues to regularize the status of migrants entering the country.
The consequences of the end of Title 42
Title 42 has allowed for the rapid removal at the southern border of even migrants who would otherwise be eligible for asylum.
Humanitarian organizations have asserted that this policy prevents immigrants fleeing violence and persecution from obtaining the safe refuge required by U.S. and international law. However, border agents fear that such removal will lead to an increase in illegal crossings along the already overflowing border.
In addition, the Biden administration has acknowledged that ending Title 42 would have consequences.
Attorney General Prelogar has testified before judges in December that:
“The end of the Title 42 orders will likely lead to disruption and a temporary increase in unlawful border crossings.”
However, she also argues that the solution to this immigration problem cannot be to extend indefinitely a public health measure whose justification would evaporate completely in two months.
We will keep you informed on how the measure progresses. If you need legal advice to obtain a Title 42 exemption, at Jaskot Law, we can help you.
