An appeals court on Friday denied a GOP-led effort to retain the Trump-era Title 42 policy that allows the U.S. to expel migrants at the southern border without the chance for asylum, AP reports.
The coalition filed a motion to intervene in an attempt to join the legal proceedings surrounding Title 42.Former President Trump first invoked the policy in 2020 using emergency public health authority in what he called a move to mitigate the spread of COVID-19.
Immigration advocates have argued the policy unfairly denies migrants the chance to seek asylum — a human right under the United Nations'— and that Republicans are wielding Title 42 in an underhanded attempt to crack down on immigration. But Republicans, especially those living in the South, have countered that the record surge in border crossings must be stemmed and that they will suffer "irreparable harm from the impending Termination of Title 42."
The coalition of states had asked for the opportunity to make their case before Title 42's Dec. 21 end date.Friday's decision, handed down by the U.S. Court of Appeals for the D.C. Circuit, means Title 42 will expire as scheduled barring further appeals. If the dispute goes before the Supreme Court, Title 42 could remain in place for months while litigation continues.
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