The Supreme Court Just Shocked the Biden Admin

The Supreme Court just granted a major immigration case on an expedited basis, leaving Title 42, the Trump-era immigration policy keeping undocumented migrants from entering the United States due to COVID, in place, at least for now.Show more

As reported on Fox News:

"The Supreme Court temporarily halted the termination of Title 42 on Tuesday, allowing the Trump-era policy to remain in place until the justices hear a challenge from Republican-led states in February.

The policy, which was originally enacted at the outset of the coronavirus pandemic in March 2020, allows immigration officials to quickly expel migrants on public health grounds."

Title 42 is a series of Executive Orders that were put in place when the COVID-19 pandemic first broke out across the world. It was essentially a response to try to control the flow of migration into the U.S. and mitigate the spread of the disease by undocumented, untested migrants. It was simply common sense then, and frankly leaving it intact is common sense now.

Now what the Supreme Court has done is grant the writ of certiorari, which means the Supreme Court will hear the case. But the stay which we told you previously had been put in place while the Court decided if it even wanted to review the case, will remain effective, leaving Title 42 in play for the time being.

The reality is, Title 42 is not the end all be all on immigration and dealing with our border crisis. This order merely kicks the can down the road a little further so to speak.

Yesterday we told you about a Republican Congresswoman Claudia Tenney’s proposed bill to redirect federal money currently set aside to DOUBLE the size of the Biden IRS and instead send it to help secure our southern border with Mexico. This is the sort of bold action we need from our leaders if we’re ever going to secure the border and stem the tide of deadly drugs and human trafficking that is slipping into our nation in droves.

Now the Supreme Court has taken bold action to defend our border security as well. It’s worth noting that Trump-appointed Justice Neal Gorsuch dissented to the decision, stating:

"But the current border crisis is not a COVID crisis. And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort."

Justice Gorsuch is correct. It’s not the Court’s job to set policy, or secure the border. It’s President Joe Biden’s. Unfortunately, after two years in office, he’s still seemingly choosing to stick his head in the sand. The interesting thing in this case is that the states also have a duty to protect their citizens, and that’s where the legal issue is that the Supreme Court will weigh in on.

Today’s full Sekulow broadcast includes more discussion about the Supreme Court’s latest move, leaving Title 42 in place and defending our border, including expert analysis from ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell.