A Venezuelan migrant makes the sign of the cross as he crosses the border between Mexico and the United States in El Paso, Texas on December 19. PATRICK T. FALLON / AFP
The Supreme Court confirmed on Monday December 19 a measure implemented in March 2020 by the American authorities in the name of the fight against the Covid-19 pandemic, allowing the deportation of potential immigrants, even asylum seekers.
An order signed by Supreme Court President John Roberts stayed Wednesday’s repeal of that measure, titled “Title 42.”
In March 2020, the administration of former President Donald Trump activated this health system to promptly expel immigrant candidates arrested at land borders. This action was immediate, with no legal recourse and no automatic return to the country of origin.
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emergency aid
That device was originally scheduled to end on May 23, but a Louisiana judge had blocked its repeal. On Nov. 15, however, a federal judge in Washington ordered President Joe Biden to end deportations using the device, and the repeal of Title 42 was set for Monday before midnight.
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But twenty conservative American states filed summary appeals in the Supreme Court on Monday, asking it to block the federal judge’s decision. The US Supreme Court gave them satisfaction pending a decision in the case.
This public health measure was originally instituted in 1893 to protect the United States from the numerous cholera and yellow fever epidemics that were occurring at the time. It has been implemented very rarely since then.
Violations of International Laws
According to human rights activists and experts, “Title 42” is a violation of international law. In particular, they consider it “inhumane” to prevent a potential asylum seeker from formulating his request in this way.
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For them, the current system only encourages migrants to cross the border illegally, taking ever greater risks. A total of 557 deaths were recorded at the border with Mexico in 2021, by far the deadliest year since statistics began in 1998.