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U.S. Supreme Court Temporarily Extends Trump-Era Title 42

On Behalf of | Jan 4, 2023 | Immigration

The U.S. Supreme Court recently issued an order temporarily extending the Trump-era Title 42 provision, which allows the government to expel immigrants and asylum seekers at the U.S.-Mexico border without a hearing, something that affects those wishing to immigrate to Florida among other states. This provision was initially implemented by the Trump administration in response to the health crisis and was set to expire on December 31, 2022. However, the Supreme Court’s order extends the provision until further notice.

What is Title 42?

Title 42, a provision of the Public Health Service Act, gives the U.S. government broad authority to take public health measures to prevent the spread of communicable diseases. The Trump administration used this authority to expel immigrants and asylum seekers at the border without a hearing, arguing that it was necessary to curb the health crisis.

Concerns over Title 42

The Supreme Court’s decision to extend the Title 42 provision has been met with criticism from immigrant rights groups, who argue that it violates the rights of immigrants and asylum seekers. They argue that the provision is being used as a pretext to expel immigrants and asylum seekers, regardless of their circumstances or the danger they may face in their home countries.

There are also concerns that the Title 42 provision is being used to deny immigrants and asylum seekers due process and access to legal remedies. Under the provision, individuals are not allowed to challenge their expulsion in court or to seek asylum or other forms of protection.

It is unclear how long the Title 42 provision will remain in place or how it will be applied. The Supreme Court’s decision to extend the provision is likely to be met with legal challenges, and it remains to be seen how these immigration challenges will be resolved.

Moving forward

The temporary extension of the Trump-era Title 42 provision has raised significant concerns about the rights and protections afforded to immigrants and asylum seekers at the U.S.-Mexico border. People interested in immigrating to the United States may need help overcoming Title 42 obstacles.