What is the CONSTITUTIONAL argument that Biden cannot undo Title 42?
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  What is the CONSTITUTIONAL argument that Biden cannot undo Title 42?
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Author Topic: What is the CONSTITUTIONAL argument that Biden cannot undo Title 42?  (Read 364 times)
Ferguson97
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« on: December 19, 2022, 07:37:31 PM »

https://www.washingtonpost.com/politics/2022/12/19/title-42-supreme-court-border-el-paso/

Quote
“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” Arizona Attorney General Mark Brnovich (R) said in a statement announcing the emergency request to the Supreme Court.

U.S. District Judge Emmet G. Sullivan in the District of Columbia ruled last month that the policy should end and asylum proceedings should be restored. He was acting on a request from immigration advocates, who said there was no evidence that Title 42 protected public health and that it placed migrants — who otherwise would be able to seek protection in the United States — in extreme danger.

Both of these are political arguments.

I genuinely don't understand. If the Trump admin can implement this policy, why can't the Biden admin do away with it?

What is the constitutional argument that the Biden administration does not have the authority to do this?
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Donerail
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« Reply #1 on: December 19, 2022, 09:15:29 PM »

What is the constitutional argument that the Biden administration does not have the authority to do this?
Nothing in this case is about the Constitution.

I genuinely don't understand. If the Trump admin can implement this policy, why can't the Biden admin do away with it?
There are certain procedures you have to go through to do away with a policy. The states are arguing that the Biden administration failed to comply with those procedural requirements.
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