Title 42


(FreedomWire.org) – A CNN guest said Tuesday that by keeping Title 42 in place, the Supreme Court “saved Joe Biden from himself” when it came to the border.

The Supreme Court left Title 42, a public-health measure used by the Trump administration to expel illegal immigrants, in place pending arguments scheduled for February in a 5-4 ruling. Associate Justices Neil Gorsuch, Sonya Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the ruling.

“The Supreme Court, at least temporarily, saved Joe Biden from himself. His administration was in court arguing to end this,” Scott Jennings, a former senior adviser to Republican Sen. Mitch McConnell, said. “They even admitted in court, the solicitor general admitted, that lifting Title 42 will lead to disruption and a temporary increase on unlawful border crossings. And we already have a massive number of people coming across anyway. The Supreme Court here did them a favor.”

Jennings noted that the ruling was a “big political win” for more than a dozen Republican attorneys general, led by Mark Landry of Louisiana and Mark Brnovich of Arizona, who asked federal courts to halt a ruling by U.S. District Judge Emmet Sullivan that would have ended Title 42 on Dec. 21.

United States Customs and Border Patrol (CBP) encountered over 2.3 million migrants in Fiscal Year 2022, with another 230,000 in October, the first month of the new fiscal year, according to official figures, while another 600,000 migrants evaded CBP, Fox News reported. CBP reported encountering a record 233,470 people in November, according to a Friday release.

“They’ve said the border is secure, that’s not true. The White House press secretary has said, ‘oh, it’s not like they walk across, that’s not true,’” Jennings said. “It’s been dishonest statements after dishonest statements.”

(FreedomWire.org) – The U.S. Court of Appeals for the District of Columbia Circuit has denied a request from nineteen Republican-led states to delay the end of Title 42. Title 42 is scheduled to end next week and it will be one less tool available to those working along the southern border to control the historic numbers of migrants crossing the border.

The end of Title 42 has been a big news story because of the additional chaos it will create on the southern border. The CDC recommended that the previous administration put Title 42 into effect along the border in March 2020 as a tool to mitigate the spread of the coronavirus pandemic. It allows illegal migrants to be expelled before they claim asylum. The expulsions under Title 42 are a helpful tool to help ease overcrowding at the border, too. Title 42 is a public health law, which is why the CDC was allowed to recommend its use. It dates back to the late 19th century and had only been used once before the coronavirus pandemic.

Title 42 works. Border Patrol agents have expelled 2.5 million illegal migrants to Mexico under the Trump and Biden administrations. Biden put a halt to all of the Trump administration’s successful policies and agreements to secure the southern border on his very first day in office. He kept much of Title 42 in place, though, and has continued to allow the policy to help control the steady stream of those who are illegally crossing the U.S.-Mexico border.

As is becoming quite clear, every state is a border state now. Illegal immigrants are being transported to the interior of the country, to all states, often in the middle of the night to obscure what is happening. Nineteen states came together to file an emergency request to stop the end of the policy. The states, all red states,(though Kentucky has a Democrat governor), are Alabama, Alaska, Arizona, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming. A three-judge panel decided that the states waited too long to try to intervene in the case over the legality of Title 42, which began in early 2021 when a lawsuit from the ACLU was filed. The ACLU argued that Title 42 is unlawful and violates the rights of asylum-seekers.

Thousands of people from countries around the world are waiting on the Mexican side of the border to flood the border when Title 42 ends. A bad situation is about to get worse. The Biden border crisis is intentional and now the consequences are about to become a complete disaster. The three-judge panel delivered a four-page opinion Friday. “In this case, the inordinate and unexplained untimeliness of the States’ motion to intervene on appeal weighs decisively against intervention.” That’s that unless the Supreme Court supersedes the order.

Progressives and open border advocates argue that this opinion will allow the administration to fully comply with the legal obligations of considering all cases for asylum-seekers. They argue that migrants are easy prey to be victimized in northern Mexico.

“Ending Title 42 will save lives,” Lee Gelernt, the ACLU lawyer who challenged the pandemic rule, told CBS News. “This is not some technical abstract policy. It sends families with small children directly into the hands of waiting cartels.”

The White House continues to tell the lie that the border is not open. Who are you going to believe, the Biden administration or your lying eyes? Turn on Fox News any day and you will see its reports from the border, which include footage of migrants crossing the Rio Grande River or running across desert. Other networks rarely do reports about the Biden border crisis, though, so the White House is emboldened to gaslight about the reality.

“To be clear: the lifting of the Title 42 public health order does not mean the border is open,” White House spokesperson Abdullah Hasan said in a statement to CBS News. “Anyone who suggests otherwise is doing the work of smugglers spreading misinformation to make a quick buck off of vulnerable migrants.”

Did you get that? The official word from the White House is that anyone talking about the porous southern border is “spreading misinformation” and doing the work of the smugglers. How is that for a slap in the face for concerned Americans? How do you think that kind of malarkey goes over with people living in border communities and dealing with this crisis each and every day? The White House tries to shut down discussions by intimidation – you’re aiding and abetting smugglers at the border if you speak truth to power. It’s sick.

The Biden administration insists it has a plan and is ready for what happens on Wednesday when Title 42 goes away. That is pretty hard to believe, considering they have done little to nothing over the past two years. We’ll see soon enough if such a plan exists and is implemented. God bless the Border Patrol agents and law enforcement along the border.

(FreedomWire.org) – Nearly 5 million illegal immigrants have crossed U.S. borders in the 18 months since President Joe Biden took office, according to a new report.

A total of 4.9 million illegal aliens, including some 900,000 “gotaways” who evaded apprehension and have since disappeared into American communities, have entered the country by the end of July, the Federation for American Immigration Reform (FAIR) said in a statement on Aug. 16.

“Roughly the equivalent of the entire population of Ireland has illegally entered the United States in the 18 months President Biden has been in office, with many being released into American communities,” FAIR President Dan Stein said in the press release.

He blamed Biden for putting the unprecedented surge down to external factors, not the administration’s own “sabotage” of immigration laws. After rolling back key Trump-era policies, Biden presided over the largest number of apprehensions of illegal immigrants at the U.S.–Mexico border in a calendar year in history, recording almost 1.9 million arrests last year.

“The endless flow of illegal aliens and the incursion of lethal narcotics pouring across our border will not end until this administration demonstrates a willingness to enforce our laws,” Stein said.

Two million illegal aliens have entered the country in the first 10 months of this financial year, according to data from U.S. Customs and Border Protection (CBP). In June, more than 207,000 illegal immigrants were apprehended attempting to cross the U.S.–Mexico border, making this the highest number of June apprehensions in history.

Although July saw a slim decline in CBP encounters at the southwest border of nearly 200,000, it turned out to be the 17th straight month with more than 150,000 encounters, representing a 325 percent increase over the average number of July apprehensions under the Trump administration, the statement reads.

Among the over 213,000 illegal aliens deported from the border in July, only 37 percent of the arrests led to expulsions under Title 42—a 7 percent drop from last month. Border agents processed the majority of the rest under Title 8, which oftentimes lets illegal aliens be released into the U.S. interior while their cases sit in backlogged immigration courts.

The Biden administration announced it would end the Trump-era Title 42, a border policy put in place on public health grounds amid the COVID-19 pandemic, which it had been forced to keep in place owing to a lack of notice.

CBP also reported 10 individuals on the FBI’s terror watchlist were apprehended in July between ports of entry at the southwest border, pushing the total for the current fiscal year to 66.

Meanwhile, CPB seized 2,130 pounds of the synthetic opioid fentanyl last month, more than three times that intercepted in June, and topping the previous monthly record of nearly 1,300 pounds set in April.

It nearly equals the total amount of fentanyl confiscated throughout 2019.

(FreedomWire.org) – Progressive lawmakers command Biden to lift “racist, unjust, and cruel” Title 42 policy. While others warn, if it is lifted, it could cause an even bigger surge of migrants coming through our southern border.

Representative Ayanna Pressley (D., Mass.) and other progressive lawmakers on Thursday urged President Biden to rescind the Title 42 public-health order next month as planned and to avoid caving to political pressure from Republicans and moderate Democrats.

“We reiterate our support for President Biden’s repeal of this fundamentally racist, unjust, and cruel Title 42 order,” said Pressley of the Covid-era order that has allowed border agents to immediately expel illegal border crossers.

The policy is slated for termination on May 23.

“This unconscionable, racist, and xenophobic Trump-era policy was in effect for too long,” Pressley said during a news conference outside the Capitol, according to Fox News. “It did nothing but inflict unspeakable hurt and harm on migrants, particularly Black and Brown migrants — denying millions their fundamental right to seek asylum.”

Representative Pramila Jayapal (D., Wash.), who is the leader of the House Progressive Caucus, appeared at the news conference as well, calling Title 42 a “policy failure, plain and simple.”

She called on her fellow Democrats to “not be afraid to lean into” the issue and to combat “Republican xenophobia” by embracing immigrants and fighting for a “fair and humane immigration system.”

“Shame on anyone — Republican or, frankly, Democrat — who uses or buys into the use of immigrants as a political football at the same time that they — as do all of us — benefit from the labor and the contributions of undocumented and documented immigrants,” Jayapal said.

Representative Jesus “Chuy” Garcia (D., Ill.) said he and his colleagues expect President Biden to follow through on his promise to end Title 42 next month. He added that for his “fellow Democrats who will be caving under political pressure,” it would be a “huge mistake for Democrats to shy away from dismantling this cruel plank of Trump’s anti-immigrant agenda.”

However, a federal judge in Louisiana recently temporarily blocked the Biden administration from ending Title 42. Judge Robert Summerhays of the U.S. District Court for the Western District of Louisiana issued a temporary restraining order, blocking the administration from ending the policy until arguments for a more formal injunction may be considered. The judge’s order will expire on May 9.

Louisiana, Arizona, and Missouri had sued the Biden administration over its plan to end the policy next month.

Meanwhile, lawmakers have warned that the southern border will likely see a huge surge in illegal immigration when the order ends. Border Patrol agents have already encountered more than a million migrants in just the first half of the fiscal year.

The Biden administration has warned that some 18,000 migrants could turn up at the border each day after Title 42 is lifted.

(FreedomWire.org) – Weeks ago, the Centers for Disease Control and Prevention (CDC) announced that on May 23 the Biden administration would end Title 42. The authority was first issued by Trump in 2020 and has allowed federal immigration officials to quickly return illegal aliens to their native countries after having crossed the southern border.

Soon after the announcement, Arizona Attorney General Mark Brnovich, Louisiana Attorney General Jeff Landry, and Missouri Attorney General Eric Schmitt filed a lawsuit arguing that ending Title 42 will place an undue burden on their states and that the administration violated the Administrative Procedure Act (APA) in doing so.

On Monday, Judge Robert R. Summerhays granted a temporary restraining order that is likely to prevent Biden from ending Title 42 while the case makes its way through federal court.

“Today, the court announced its intention to grant a temporary restraining order in Missouri, Louisiana, and Arizona’s lawsuit against the Biden administration over their planned suspension of Title 42,” Schmitt said in a statement.

“This temporary restraining order is expected to keep Title 42 in place until further court proceedings, a critical win for border security and the rule of law,” he continued.

Landry celebrated the decision, writing on Twitter that “Biden’s reckless decision to rescind Title 42 would have flooded our already stressed southern border with illegal immigrants.”

“Fortunately, today a judge has granted our request to halt this enormous threat to our national security,” Landry said. “We will continue to ensure that citizenship means something and that those in this country illegally are not conferred greater rights than our citizens.”

Dan Stein with the Federation for American Immigration Reform (FAIR) said he applauded the decision, saying in a statement that the White House “should view Judge Summerhays’” decision  “as a reprieve from an even bigger self-inflicted national health and security crisis,” and use the move to fully reinstate Title 42.

Without Title 42, Biden officials admit that up to half a million border crossers and illegal aliens — the equivalent of the resident population of Atlanta, Georgia — could arrive at the border every month.

Rep. Andy Biggs (R-AZ) said that he would expect 30,000 border crossers and illegal aliens every day at the border without Title 42. In Tijuana, Mexico, alone, up to 6,000 foreign nationals are waiting to rush the border when Title 42 is ended.

The Biden administration’s plan for ending Title 42, details “broadscale release mechanisms” that transform the border into a mere checkpoint for foreign nationals arriving every day.

Under the plan, Biden seeks to cut deportations for border crossers and illegal aliens, instead shifting to mechanisms like parole, Notices to Appear (NTAs), and an Alternatives to Detention (ATD) program — all of which ensure the mass release of foreign nationals into the U.S. interior.

The case is Arizona v. Center for Disease Control and Prevention, 6:22-cv-885 in the U.S. District Court for the Western District of Louisiana.