Supreme Court Rules to Keep Title 42 in Effect

The U.S. Supreme Court has ruled in favor of keeping Title 42 in effect. Keep reading to learn more.

The Ruling

On December 27, 2022 the U.S. Supreme Court ruled in favor of continuing to enforce Title 42 – a restrictive immigration policy that prevents certain immigrants from qualifying for asylum. Under title 42, migrants seeking asylum may be refused entry or removed from the United States if they pose a risk to public safety.

Title 42

Title 42 is a part of a national public safety policy that grants the federal government the power to limit the amount of asylees and refugees ranted entry into the United States based on public safety grounds. The original piece of legislation was introduced and used in 1929 to prevent outbreaks of meningitis from ships arriving on American shores from China and the Philippines.

The most recent use of the law was part of an aggressive anti-immigration stance from the Trump administration that led to the justification of large-scale immigration refusals in light of the COVID-19 pandemic. Under Title 42, the government may remove or refuse asylees if they pose a threat to public health and safety if there is a global pandemic or an epidemic in their country of origin.

What Happens Now?

With Title 42 still in effect, border officials may turn away potential asylees if they test positive for COVID-19 or other diseases that may be highly communicable. Border officials may also take action to prevent migration for other reasons as they see fit.

The Biden Administration has promised to manage the borders in a more humane way compared to the previous administration’s management of Title 42 and other immigration policies. It is unclear how exactly they will use Title 42 without causing a human rights crisis, but some are hopeful that the future of border security will not come at the cost of human life.

Legal Options

If you or a loved one is seeking asylum in the United States, you may have legal options. Sintsirmas & Mueller, Co. L.P.A has the legal experience you need to protect your rights and your future. Our attorneys have helped countless clients with their legal matters and have assisted them and their loved ones with their American Dream.

Contact our attorneys today for more information.