Republicans skeptical of Biden’s proposal to briefly delay Title 42’s demise

The federal government has requested a delay in repealing Title 42 to allow more time for the implementation of measures under a previous immigration law.

Homeland Security Secretary Alejandro Mayorkas filed the motion Tuesday with Supreme Court Justice John Roberts in response to Roberts’ grant of a temporary stay of Title 42 ordered the day before. The COVID-era border policy, originally due to end on Wednesday, allows authorities to expel migrants over concerns about a COVID-19 pandemic.

In its motion, President Joe Biden’s administration asked the Supreme Court to keep Roberts’ suspension of the policy intact through Dec. 27 if it is lifted before Friday. If there is a decision on the bill after that date, the federal government is asking that Title 42 remain in place for two business days after the order.

Migrants cross the border along the Rio Grande
Migrants cross the barbed wire fence on the banks of the Rio Grande in El Paso, Texas, along the U.S. border with Ciudad Juarez, Mexico, on Tuesday. The Biden administration requested that Title 42 remain in effect until after Christmas to give border officials more time to revert to previous policies on migrant processing.
Herika Martinez/AFP/Getty Images

The motion said that the “brief continuation” of the policy “would allow the government to re-prepare for a full return to Title 8 operations,” which encompasses the previous procedures for processing migrants that have been in place since the passage of Title 8 were followed in 1940.

However, Republicans at all levels of government have fought to maintain COVID-era policies, including the 19 GOP-led states that have called on Roberts to order the temporary stay.

On Tuesday, Republican leaders expressed doubts about why the Biden administration would seek a delay in removing the policy — some implied it was a sign the federal government is scrambling to develop a new policy to take the place of take title 42.

“Biden administration strong on Title 42, both ways,” Texas Senator John Cornyn tweeted Tuesday night. “Where’s the secret plan when it’s expired? Or is it secret that they don’t have a plan?”

“The corrupt Biden administration is asking SCOTUS to remove Title 42 border protection – AFTER December 27 so they can postpone the crisis to next year and blame House Republicans,” the New Mexico representative wrote Yvette Herrell. “Biden knows he’s causing disaster, he’s just messing with the timing.”

Other Republicans reiterated their request that Title 42 be retained to counter the rising number of migrants attempting to cross the US-Mexico border in recent days. Arizona representative Debbie Lesko released video of a crowded border patrol center in El Paso, Texas Tuesday night, adding that the “southern border crisis is a national security and humanitarian crisis.”

“Our Border Patrol officers need every single tool at their disposal, including Title 42, to put an end to this crisis,” she wrote.

Former National Border Patrol Chief Rodney Scott, who served under former Presidents Donald Trump and Biden, also echoed Republican concerns Tuesday night an interview with KUSI News.

“This wouldn’t even be a discussion today if the Biden administration hadn’t torn down every other effective policy that led to the complete and utter chaos at the border,” Scott told the outlet.

The federal government acknowledged in its Tuesday inquiry that “the end of Title 42 orders is likely to result in a temporary increase in border crossings,” but added that it “stands ready to address this serious issue among its Title 8 agencies.” , including by enacting new policies to respond to the temporary disruption that will occur.”

Texas Attorney General Ken PaxtonPart of the GOP coalition that filed the Roberts appeal said the Biden administration’s endorsement was an “understatement but true.”

“We’ll see what SCOTUS does next,” he tweeted Tuesday.

news week has reached out to the Department of Homeland Security for comment. Republicans skeptical of Biden’s proposal to briefly delay Title 42’s demise

Rick Schindler

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