This very controversial device was to end Wednesday, December 21. The highest jurisdiction of the United States has decided to maintain it, arguing an emergency appeal filed this Monday by around twenty conservative states.
mo12345lemonde with AFP
The Supreme Court maintained Monday, December 19, a measure implemented in March 2020 by the American authorities in the name of the fight against the Pandemic of Covid-19, allowing to expel the candidates for immigration, even the applicants potential asylum.
An order signed by the President of the Supreme Court, John Roberts, suspended the deletion, scheduled for Wednesday, of this measure entitled “Title 42”.
In March 2020, the government of ex-president Donald Trump had activated this health system to be able to expel the immigration candidates arrested at land borders without delay. This measure was immediate, did not allow legal recourse and did not provide for automatic return to the country of origin.
emergency appeal
This device was initially to end on May 23, but a Louisiana judge had blocked her lifting. On November 15, a Washington Federal Judge, on the contrary, demanded President Joe Biden that he ended the evictions provided by this device, and the lifting of the “Title 42” was scheduled for Monday before midnight.
But around twenty American conservative states made an emergency appeal on Monday before the Supreme Court to ask him to block the decision of the federal judge. The highest American jurisdiction gave them satisfaction pending a decision on the file.
This public health measure had originally adopted in 1893 to protect the United States from the many cholera and yellow fever epidemics that occurred at the time. It has only been very rarely implemented since.
violations of international laws
According to human rights activists and experts, the “Title 42” is a violation of international laws. They consider in particular “inhuman” to prevent a potential asylum seeker from formulating his request in this sense.
For them, the current system only encourages migrants to cross the border with clandestine and to take ever increasing risks to achieve it. In total, 557 dead were identified on the border with Mexico in 2021, the deadliest year since the start of statistics, in 1998.