SCOTUS Drops Case Involving Trump-Era Border Policy From Case Calendar
Jennie Taer on February 16, 2023
The Supreme Court dropped a case involving the Trump-era border policy used to quickly expel certain illegal migrants, known as Title 42, from its case calendar.
The Biden administration has sought for months to end Title 42, but its expiration has been delayed by multiple lawsuits led by Republican states. The oral arguments were scheduled for March 1, but are not on the calendar, according to the high court.
The Trump administration used Title 42 to expel certain illegal migrants to mitigate the spread of COVID-19.
Ending the public health order could invite a flood of illegal migration across the southern border, which already saw a record surge of more than 2.3 million migrant encounters in fiscal year 2022 and more than 870,000 between October 2022 and January 2023.
“Believe it or not, getting rid of Title 42 is going to make it even worse,” former Border Patrol Chief Rodney Scott previously told the Daily Caller News Foundation.
JUST IN: The Supreme Court cancels the March 1 oral argument in Arizona v. Mayorkas, involving the Title 42 immigration policy. The government recently told the justices that the case may become moot on May 11 because the policy will expire when the COVID emergency formally ends.
— SCOTUSblog (@SCOTUSblog) February 16, 2023
The Department of Justice (DOJ) recently said in a court filing that the Biden administration’s latest decision to end Title 42 on May 11 would “moot” the Supreme Court case.
“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,” the DOJ wrote in the filing.
Title 42 is responsible for the expulsion of more than 2 million illegal migrants, according to U.S. Customs and Border Protection (CBP).
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