Following Supreme Court Order, Biden Administration Must Take Urgent Action to End Title 42

FOR IMMEDIATE RELEASE 

Tuesday, December 27, 2022 

Media Contact: Anabel Mendoza | amendoza@theyoungcenter.org 

Washington D.C.— Moments ago, the U.S. Supreme Court issued a 5-4 order in which it stayed the implementation of a lower court order ending Title 42, a policy that has closed the U.S. border to asylum seekers for nearly three years. Instead, the Supreme Court allowed the border closure to remain in place while it takes the extraordinary step of considering a request from 19 states to belatedly intervene in a case involving federal immigration policy. Title 42 could now remain in effect for the next several months unless the Biden Administration acts independently to end this dangerous policy.

Jennifer Nadga, Policy Director at the Young Center for Immigrant Children’s Rights, said: 

“For nearly three years, tens of thousands of people have been unlawfully expelled to danger at our border and denied their legal right to seek safety. With today’s Supreme Court ruling, this assault on U.S. law—and the human rights of migrants—will continue for the foreseeable future. Since Title 42 was enacted, the Young Center has worked with children forced to separate from their families because of this policy and we expect many others will face this same, devastating situation if the Biden Administration does not act now to end the policy and restore all people’s right to seek asylum.  

The Supreme Court made clear that its order today does not prevent the Biden Administration from taking independent action to end Title 42. As Justices Gorsuch and Jackson noted in their dissent, ‘the emergency on which [the Title 42] orders were premised has long since lapsed.’ As the Young Center has consistently demonstrated, Title 42 is a violation of immigration law that fuels human suffering. We urge the Biden Administration to seize the opportunity noted by the Court to take independent action to end Title 42 immediately.” 

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The Young Center for Immigrant Children’s Rights is a non-profit organization that protects and advances the rights and best interests of immigrant children and advocates for an immigration system that treats children as children first. For press inquiries, please contact Anabel Mendoza at media@theyoungcenter.org