Miller Mayer immigration attorney Steve Yale-Loehr was quoted by the Washington Examiner in “Biden’s Options Limited on Title 42 COVID-19 Migration Rule After Court Ruling.” Steve said the Biden administration has three options in deciding what to do after a federal district court issued an order barring the administration from terminating its Title 42 policy of barring most people from entering the United States at the U.S.-Mexico border: it could appeal to the U.S. Court of Appeals for the Fifth Circuit, start the rulemaking process and ask for public comment on terminating Title 42, or give up and keep the measure in place. Since the White House has already said it will appeal, that process will play out over the course of several months, leaving Title 42 effectively in place for the foreseeable future. Steve said the decision not to seek an immediate stay may have boiled down to practical reasons. “I suspect the reason is that it is very hard to win an emergency stay,” he said. Read the article here.

Steve was quoted by Univision in “The Four Cases in the Hands of the Supreme Court That Will Impact Hundreds of Thousands of Immigrants.” In one case, he said, “Two lower courts have held that, in certain cases, immigrants have [a] right” to request a bond hearing after six months in detention. “But the conservative majority on the Supreme Court may disagree with those rulings,” he said. The arguments, presented by defense attorneys for immigrants and the U.S. government, will decide whether foreigners who have been detained for more than six months “have the right to a bail hearing to be released,” he noted. In another case, he said, the plaintiff “is arguing that, to avoid a due process violation, he and certain other immigrants should be entitled to a bond hearing after six months in detention. However, in 2021 the Supreme Court ruled 6-3 that immigrants who return to the United States illegally after being deported must be held without bond while they await a second deportation hearing.” Steve further said that “both cases are important, in part due to the large backlog of cases in the immigration courts. More than 1.7 million immigrants have cases pending with the [Executive Office for Immigration Review] (EOIR). It can take years to get a decision. If immigrants have to be detained all that time, the monetary and social costs will be immense.” Read the article here (Spanish with English translation available).