Chief Justice Roberts of the U.S. Supreme Court ordered a temporary stay of Title 42 on December 19, 2022, to allow the Supreme Court time to consider the issue. Justice Roberts’ order came after the Department of Homeland Security (DHS) issued an update on December 13, 2022, on southwest border security and preparedness in anticipation of a court-ordered lifting of Title 42 by December 21, 2022, which was upheld by the D.C. Circuit Court of Appeals in a ruling on December 16, 2022.
Title 42 prevents many migrants from seeking asylum in the United States because of COVID-19 concerns and requires them to wait in Mexico. According to reports, thousands of migrants, many from Haiti, who wish to enter the United States are in camps in Mexico. Two Title 42 amendments failed that had slowed down passage of the $1.7 trillion funding bill that Congress passed and President Biden signed on December 23, 2022. Reportedly, the Biden administration also may be considering humanitarian parole for some Haitians, Nicaraguans, and Cubans, as was provided for Venezuelans recently.
- “Chief Justice Roberts Briefly Halts Decision Banning Border Expulsions,” New York Times, Dec. 19, 2022 (subscription required)
- Arizona v. Mayorkas, order issued Dec. 19, 2022
- Application for a stay, submitted to Chief Justice Roberts Dec. 19, 2022
- Federal respondents’ opposition to application for a stay pending certiorari, Dec. 20, 2022
- Reply of applicant Arizona, et al. filed, Dec. 21, 2022
- “Senate Passes $1.7 Trillion Omnibus Spending Bill Without Title 42 Protections,” National Review, Dec. 22, 2022
- “Thousands Wait in Tent Camps in Mexico for a Chance to Cross the Border,” NBC News, Dec. 22, 2022
- “U.S. Court Rejects Maintaining COVID-19 Asylum Restrictions,” Associated Press, Dec. 17, 2022