What does Supreme Court ruling on Title 42 mean to Alamogordo? Congresswoman Herrell Supports Court Ruling.


What does Supreme Court ruling on Title 42 mean to Alamogordo?

Alamogordo Congressional Representative Congresswomen  Yvette Herrell (R-NM) had introduced the Securing the Homeland from International Entrants with Life-threatening Diseases (SHIELD) Act, to codify Title 42, now before the Supreme Court in debate as permanent law. The legislation which would preserve America's ability to protect its borders from a surge of COVID-19 cases per sponsors. Senator Ted Cruz (R-TX) introduced the Senate version of the bill.

"As Americans struggle to free themselves from lockdowns and mandates, the Biden Administration and its allies seek to eliminate Title 42, the public health rule that keeps more cases of Covid from entering our country and starting new outbreaks," said Rep. Herrell last Summer. "The SHIELD Act would codify Title 42 and require border officials to promptly return illegal immigrants who threaten to spread the coronavirus."

The bill text can be found here.

"Title 42 has been an integral and extremely successful measure to protect America's borders and our people during the COVID-19 pandemic," said Sen. Ted Cruz (R-TX).

Per local sources within the border patrol community who asked to remain anonymous to ensure their job security; “the title 42 policy is just another tool for our border patrol officers and local law enforcement to use the resources necessary to remove illegals and prevent the spread of the COVID-19 virus safeguarding Otero County and our borderlands.”

Title 42 will remain in effect for the time being and final review in February. Congressional District 2 representative Yvette Herrell says it's been vital towards keeping Americans safe.

Herrell said to KOAT TV on a prior occasion specific to rulings around Title 42, "The communities need it, the Border Patrol needs it. I mean, this is a great first step. This week is huge for our communities and law enforcement. It allows the Border Patrol to do a quick process on the border for those coming here illegally."

Herrell who leaves office the end of this week, believed Title 42 is vital for restoring our economy and that it should stay in place for as long as possible and be codified into permanent law per prior statements.

The United States Supreme Court has temporarily kept in place Title 42, a controversial immigration policy that has been criticized for denying refugees the ability to seek asylum in the US. 

In a five-four vote on Tuesday, the justices granted a request filed by several Republican state attorneys generals for the court to consider whether the states can challenge the end of Title 42. The policy was set to expire in mid-December, leading to fears of heightened immigration to the US.

The court’s decision to take up the case means Title 42 will remain in place for the indefinite future, dashing the hopes of rights groups who have characterized it as arbitrary and illegal.

“We are deeply disappointed for all the desperate asylum seekers who will continue to suffer because of Title 42, but we will continue fighting to eventually end the policy,” said Lee Gelernt, a lawyer with the American Civil Liberties Union (ACLU), which has sued for an end to the policy as per a press announcement. 

Title 42 refers to a rarely used section of the US Code, enacted in 1944, which allows the government to prohibit the entry of foreigners if they present a “serious danger” of spreading communicable diseases.

Former President Donald Trump invoked the policy in March 2020, as the US grappled with the early months of the COVID-19 pandemic. But US officials have used Title 42 to expel about 2.5 million people who entered the country seeking asylum, turning away arrivals at the US-Mexico border in the name of combatting COVID-19.

Immigrant rights groups accused the Trump administration of using public health as a pretext for cracking down on migration, a longstanding goal of the former president.

The policy has also been criticized as a dubious measure for combatting the spread of the virus. US health authorities said last April the policy was no longer necessary.

US President Joe Biden has met fierce pushback to his efforts to roll back the policy, with conservative judges and officials warning that the end of Title 42 would lead to a spike in border crossings.

As a result, Title 42 remained in place under the Biden administration, until a federal court ruled in November that the policy must end. The judge gave the Biden administration five weeks to prepare for the policy transition, scheduling Title 42’s expiration date for December 21.

Days before the expiration was set to occur, the Supreme Court issued a temporary order blocking any change to the policy as it considered whether to take up the issue.

Following Tuesday’s vote, the Supreme Court is now scheduled to hear arguments for the case in February, setting up another legal battle between groups like the ACLU and conservative politicians.

The ACLU has argued the policy is no longer necessary due to improvements in COVID-19 treatments and that it violates international asylum law. Conservative groups, meanwhile, believe Title 42’s end would lead to an increase in immigration that would overwhelm government agencies, leading to “unprecedented calamity”.

The case will be finally closed in 2023 after a February hearing before the Supreme Court. For Alamogordo and El Paso sector border patrol agents the policy allows as another tool to enforcement at least for the short term and depending upon the Court ruling possibly permanently. 

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