Court Rejects Request From 19 Red States to Delay End of Title 42 at the Border

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. The media is happy to cover for Sleepy Joe.

“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.