Allegations of federal government collusion and warnings of disaster 

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SCOTUS Stays End of Title 42 Allegations of federal government collusion and warnings of disaster ([link removed])
Washington, D.C. (December 20, 2022) – Chief Justice John Roberts has temporarily delayed the end of Title 42 in response to an application filed by 19 states alleging that the federal government “collusively agreed” with migrants in litigation terminating the program, and warning that “failure to grant a stay will cause a crisis of unprecedented proportions at the border”. The federal government has until 5:00pm today, December 20, to respond to the states’ application, which seeks to continue Title 42.

“There is a lot on the line in this decision, both factually (the catastrophe that will ensue once Title 42 ends) and legally (the argument that the federal government is trying to bypass the APA by essentially and improperly tanking a separate case),” writes Andrew Arthur, the Center’s resident fellow in law and policy. “The end of Title 42 on December 21 is like Schrödinger’s Cat, in limbo between life and death, awaiting the High Court’s opening of its box.”

Title 42 plays an outsized role in border security, even though those public-health orders are not a “border policy”, per se. That’s because the Biden administration quickly reversed nearly every Trump border policy that had allowed DHS to bring a modicum of operational security to the Southwest border. That, in turn, is why agents set new yearly apprehension records at the Southwest border in FY 2021 (nearly 1.66 million) and FY 2022 (more than 2.2 million), and a new monthly apprehension record in October.

Even those numbers hide the true scope of the humanitarian disaster at the Southwest border, because CBP’s statistics don’t include an estimated 389,000 alien “got-aways” who successfully evaded agents in FY 2021, or the additional 599,000 got-aways in FY 2022, or 64,000 others in October alone.

Those got-aways were able to evade apprehension because an estimated 90 percent of Border Patrol agents aren’t “on the line”; they are rounding up, transporting, processing, caring for, and (all too often) releasing illegal migrants who are gaming the system to enter and live in the United States.

Title 42 is a release valve (literally and metaphorically) that provides agents a quick process to send at least some illegal migrants back. When it’s gone, the true effects of Biden’s border fiasco will be felt, first at the border and soon thereafter in towns and cities across the United States.
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