Chief Justice Roberts temporarily deals blow to Biden administration's plan to end Title 42

Erin Schaff/The New York Times via AP, Pool

Chief Justice John Roberts issued a one-page order to stay the lifting of Title 42 on Monday. It’s a temporary action, with the end of Title 42 scheduled for midnight Tuesday night. Roberts gave the Biden administration until 5:00 p.m. on Tuesday to respond to the stay. That is just hours before the policy is set to expire under current orders.

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Team Biden has been pushing for the pandemic era policy to be halted. Nineteen red states (though Kentucky has a Democrat governor) came together to lobby to keep the policy in place. Their lawsuit made it up to the Supreme Court. The response to Roberts’ order was typical of DHS. The department lies that illegal immigrants are being expelled back to Mexico, with or without Title 42. The truth is that the Biden administration has tried for the past ten months to put a halt to Title 42 but has met legal challenges and loses in court.

The Department of Homeland Security (DHS), which oversees all border and immigration operations, responded to the order by insisting that Title 42 will remain in effect during the time outlined by the Supreme Court and ‘individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.’

The agency noted that it will continue ‘preparation to manage the border’ once the public health order is lifted and ‘urged Congress to use this time to provide the funds we have requested for border security and management.’

Chief Justice Roberts responded to the Republican officials’ request for Title 42 to remain in place by saying that more time was needed and then he gave the Biden administration 24 hours to respond.

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‘We just filed an emergency stay application, asking the U.S. Supreme Court to keep Title 42 in place,’ said Arizona Attorney General Mark Brnovich.

‘Getting rid of Title 42 will recklessly endanger more Americans & migrants by exacerbating the catastrophe that is occurring at our border.’

Brnovich is right, of course, and any honest look at the Biden border crisis would prove that lifting Title 42 at this point in time will result in complete catastrophe at the southern border. The number of illegal migrants trying to cross the border into Texas or Arizona will likely triple overnight.

It’s a procedural action and doesn’t necessarily indicate where the Supreme Court will come down on its final decision. So, as things were before Monday’s order, the end of Title 42 is still up in the air. Governor Abbott is pleased, as you would expect. Texas bears the greatest burden as a border state.

The final decision could take months. Roberts will likely refer the case to the full court. Texas Attorney General Ken Paxton vows to continue to fight to keep the policy in place.

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The White House continues to lie about the porous border. White House Press Secretary Karine Jean-Pierre answered a reporter’s question about the border by saying, “It would be wrong to think the border is open. It is not open.” Who are you going to believe – KJP or your lying eyes? I recommend she turn on Fox News Channel any day of the week and see reporters on the border delivering the truth about the Biden border crisis. Maybe someday the rest of the networks will decide to report on the border, too.

Stay tuned.

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