Supreme Court Dismisses Case on Title 42

May 18, 2023
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The Supreme Court on Thursday dismissed an attempt by Republican-led states to maintain the pandemic-era immigration measure known as Title 42.

The court’s brief order was one sentence long, instructing an appeals court to dismiss the states’ motion to intervene in the case as moot. The move was almost surely prompted by the end of the health emergency that had been used to justify Title 42.

In a brief filed in February, Solicitor General Elizabeth B. Prelogar told the court that “absent other relevant developments, the end of the public health emergency will (among other consequences) terminate the Title 42 orders and moot this case.”

In a sign that the court was inclined to agree, it canceled arguments in the case about a week later.

Title 42 had allowed migrants who might otherwise have qualified for asylum to be swiftly expelled at the border with Mexico. The policy, introduced by the Trump administration in March 2020, has been used to expel migrants — including many asylum seekers — about 2.5 million times. The measure was lifted on May 11.

Source: The New York Times