Biden Admin Asks SCOTUS to End Title 42 Border Policy—but Not Until After Christmas

AP Photo/Christian Chavez
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The Biden administration asked the Supreme Court Tuesday to allow it to lift the pandemic-era border policy Title 42—but they are specifically requesting that no action be taken until after Christmas, presumably to avoid bad press.


The filing came a day after Chief Justice John Roberts issued a temporary order keeping the policy in place. It was scheduled to expire Wednesday.

Title 42 was invoked under the Trump Administration and is a health policy, not an immigration policy, that allows officials to quickly expel asylum-seekers who crossed illegally because they might spread COVID.

As bad as the border crisis is under Biden, it might have been even worse without Title 42, which has been used 2.5 million times since March 2020. The government admitted in its filing that the end of the policy will lead to a “disruption and a temporary increase in unlawful border crossings,” but argued that it should be ended anyway because times have changed:

The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification.


The phrase “disruption” is laughable at this point since the border is already a disaster and the “disruption” has been ongoing at a record pace since the moment Biden stepped into office almost two years ago. Border officials encountered an estimated 2.4 million illegals in 2022, shattering previous records. An unknown number were never “encountered” at all and just slipped into the country undetected.

Many are predicting a tsunami of migrants at the Southern border if Title 42 is ended; in fact, the surge has already begun as people anticipate the title’s demise. The embattled Texas city of El Paso could be hit especially hard, considering shelters across the border in Ciudad Juárez are packed to capacity with an estimated 20,000 people itching to cross into the U.S.

Some can’t wait: reports claim that illegals are climbing out of sewer manholes in the city and escaping into the darkness:


Joe Biden’s handling of the border has been a disgrace; millions have flooded into the country unhampered, horrible deaths and drownings are a regular occurrence, and sex trafficking is rampant. Democrats will tell you that their immigration policies are all about compassion, but they ignore the tens of thousands of lives shattered and the Wild Wild West nature of many border towns.

Many of the speakers at the Turning Point AmericaFest I attended this weekend in Phoenix, AZ also focused on another nightmare unleashed by Biden’s policies: fentanyl and meth are pouring across the border, contributing to the record 100,000-plus toll of U.S. overdose deaths in 2021.

My guess is that the Biden Administration is pushing the Supreme Court to wait until after Christmas to quash Title 42 because they know the wave is coming—and they’d rather have it happen while people are on holiday vacation, spending time with their families, and not paying attention to the news. If the predictions come true, Fox News reporter Bill Melugin is going to have a lot more videos like these to share:


What’s perfectly clear when you look into the border crisis is that it’s not the result of incompetence and ineptitude by Joe Biden—a wide-open and chaotic border is exactly what he wants.


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