Talk:Title 42 expulsion

The article contradicts itself. I'm tired of people spreading false information.

On December 19, 2022, U.S. Supreme Court Chief Justice John Roberts issued a temporary hold on ending of Title 42, thus preventing the Biden administration from lifting Title 42

But earlier in the article it is noted multiple times that the Biden administration is continuing the Title 42 expulsion policy of the Trump administration. (In fact, the Biden administration's Department of Homeland Security secretary was named as the defendant in the earlier case decided on 11/15/22, which had been brought by asylum seekers (the plaintiffs).) So the article contradicts itself.

By the way, the article also says that the judge in the aforementioned earlier decision said that 'Title [42] was an “arbitrary and capricious" violation of the [Administrative Procedure Act (which itself is codified in Title 5, Chapter 5 of United States Code)]'. So Title 42 is a violation of Title 5? I didn't check the citation, but probably it is supposed to say that the invocation of the expulsion provision of Title 42 by the executive branch, not Title 42 itself, was “arbitrary and capricious". I apologize if my point is considered pedantic.

As I understand, the current case before SCOTUS as of 12/27/2022 has to do with some States wanting to be able to challenge the earlier decision, because they feel that the federal government will not challenge it vigorously enough.

As I understand, the Biden administration could at any time drop the Title 42 expulsion policy if it wanted to.

To summarize: What is happening in the courts has to do with the judicial branch forcing the Biden administration to stop the expulsion policy as a result of a case brought by asylum seekers; then, presently, some state governments want the ability to challenge the outcome of that earlier decision (as opposed to leaving it to the federal government, which was the named defendant that lost the earlier case). As of the time of the 12/27/2022 SCOTUS decision the Biden administration is not forced to drop the expulsion policy (though this may change in the future); but, at any time, the Biden administration may voluntarily drop the expulsion policy: they are not forced to continue the policy by any court decision. At least, this is my understanding.

But don't take my word for it. You can read it from the SCOTUS (12/27/2022):

This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy.

Slieredna (talk) 06:40, 28 December 2022 (UTC)

Removing the pagewide flag since there is no discussion here of it

Happy to have that discussion if someone can help figure out if any of the issues remain Superb Owl (talk) 21:08, 6 September 2024 (UTC)