Mark Brnovich led the fight to keep Title 42 in place. He explains to NPR why he and other state AGs want to keep it in effect until the surge of migrants at the southern border is under control.
A federal judge ruled in November that Title 42 was unlawful, and set it to end on Dec. 21. But the Supreme Court paused that ruling on Dec. 19. Nine days later,In a dissenting opinion,that 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.
Brnovich argued that in rescinding Title 42, President Joe Biden didn't follow the law, which requires notice to and comments from those affected by his action. A migrant helps two Venezuelan children cross the Rio Grande river from Ciudad Juarez, Chihuahua state, Mexico to El Paso, Texas in search of political asylum.Herika Martinez/AFP via Getty Images
Why not go back to Title 8, the federal immigration law that allows for prosecuting illegal border crossings? "From day one, when Joe Biden was being sworn in, he started to decriminalize and incentivize people breaking into the or coming into the country illegally," Brnovich said."There was the interim guidance where the Biden administration was refusing to deport people with deportation orders, where we had to file a lawsuit. He stopped building the wall, where taxpayers are having to pay for a wall that wasn't being built.
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