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Supreme Court keeps in place Trump-era immigration policy allowing asylum-seekers to be quickly turned away
nbcnnews ^ | 12/27/2022

Posted on 12/27/2022 1:30:49 PM PST by devane617

WASHINGTON — The Supreme Court on Tuesday allowed Title 42 — a Trump-era immigration policy implemented when the pandemic broke out to quickly expel asylum-seekers at the border — to remain in effect for now, putting a judge’s ruling that would have ended it last week on hold.

The court voted 5-4 to grant an emergency request by 19 Republican state attorneys general who sought to intervene in defense of the policy. The decision puts on hold a ruling by Washington-based U.S. District Judge Emmet Sullivan, who said the Centers for Disease Control and Prevention’s implementation of the policy was “arbitrary and capricious.” Sullivan’s ruling was due to go into effect Dec. 21.

Conservative Justice Neil Gorsuch joined the three liberals on the court in voting against the stay request. The brief court order said that while the administration cannot set aside the Title 42 policy, the decision "does not prevent the federal government from taking any action with respect to that policy."

The Supreme Court also agreed to hear oral arguments in February and rule on whether the states can intervene, with a decision due by the end of June.

The court's intervention averts what many had predicted would be an additional surge of people seeking to enter the United States at a time when border crossings are already high. Without the policy in place, people seeking asylum would be able to enter the U.S., where they could be waiting for years for a court date if they pass their initial interview with authorities.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Breaking News; Culture/Society; Government; News/Current Events
KEYWORDS: aliens; asylum; border; emmettsullivan; gorsuch; immigration; scotus; title42
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To: devane617

Even without Title 42, the President can control the border: I wrote about Section 212(f) a few years ago in a slightly different context. See https://www.americanthinker.com/blog/2017/02/the_law_that_never_was.html

See this discussion:
https://cis.org/Arthur/If-You-Title-42-Youll-Love-Section-212f


101 posted on 12/28/2022 9:44:21 AM PST by AJFavish (www.allanfavish.com)
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To: Dilbert San Diego
“ Gorsuch went liberal on this case?”

Not really. Gorsuch saw intervening in this as a form of results oriented judicial legislation. A very conservative concept.

102 posted on 12/28/2022 10:40:09 AM PST by circlecity
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To: ProtectOurFreedom

Mayorkas will skirt it as much as possible. He is very good at what he does.


103 posted on 12/28/2022 11:20:20 AM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: AJFavish; GOPJ
There’s a lot to unpack there, but I’ll leave most of it (particularly whether aliens whose asylum claims are denied are “quickly removed”, which they aren’t) for another day.

JKP's words "quickly removed" does not seem to be the exact language in the federal code, but even if it was, it would be useless. "Quickly" might mean 10 years, but even it there was a limit. there would be no penalty or remedy for not meeting that limit.

In fact, the Biden gang is determined to import more invaders than "our system" can possibly support. Don't hold your breath waiting for SCOTUS to do anything useful (like requiring federal agencies to stop allowing entry based on a non-citizen's declaration).

104 posted on 12/28/2022 12:08:55 PM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Rob_Henry

Yes, he had valid reasons.

I still say the “emergency” is not really over, as they’re still lecturing us on TV and such about getting boosters and how dangerous it is (bunk). AND if gov says it’s over, then go after the damn coward medical industry - they’re still forcing us into masks and vaccine requirements for XYZ. They will not let go.

But Gorsuch has a good reason to resist this.

As it is, I say, if we let aliens run in all during this scamdemic, then it is NOT that serious.

But the other poster is right that aliens should be turned back based on ILLEGAL-ALIEN LAW!


105 posted on 12/28/2022 12:18:00 PM PST by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMV)
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To: Dilbert San Diego

Gorsuch is afraid this will allow the pandemic to be abused to implement even more rules which is a fair fear to have to be honest.


106 posted on 12/28/2022 1:00:41 PM PST by jarwulf
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To: jarwulf

I think it’s more a knowledge that the panicdemic HAS been used to pursue unrelated policy goals than a fear that it WILL.


107 posted on 12/29/2022 3:53:30 AM PST by publiusF27
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To: devane617

BTTT!


108 posted on 12/30/2022 7:05:29 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: SecondAmendment

The Executive branch will not point a gun at itself and threaten to throw itself in jail if it does not comply ...

_______________________________________________________

That’s why the legislative branch must threaten to impeach (like they did to Trump). If they do not, then Supreme Court decisions really don’t matter if the Executive branch doesn’t enforce them.


109 posted on 01/03/2023 5:38:15 AM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
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To: devane617

FMI (for my information) who will enforce or is enforcing the court’s ruling?

Must the illegals delivered to Denver and New York and Washington be rounded up and sent packing back to Mexico?

There is no law, no order


110 posted on 01/03/2023 5:41:27 AM PST by bert ( (KWE. NP. N.C. +12) Juneteenth is inequality daythis piece is )
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To: bert

FMI (for my information) who will enforce or is enforcing the court’s ruling?

************

Enforcement will likely be similar to actions of the past.
Move over, make room and share the biscuits please.


111 posted on 01/03/2023 5:50:13 AM PST by deport (https://en.wikipedia.org/wiki/2020_United_States_presidential_electiYou)
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To: bert

Not sure but as of Jan 1st they can be cops in California as I read it.


112 posted on 01/03/2023 6:47:05 AM PST by devane617 (Discipline Is Reliable, Motivation Is Fleeting..)
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To: Bishop_Malachi
> That’s why the legislative branch must threaten to impeach (like they did to Trump).

So in the current political landscape, there is no Constitutional mechanism available to force the Executive branch to fulfill its Constitutionally mandated duty of protecting the border.

113 posted on 01/03/2023 9:10:25 AM PST by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING !!!)
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