Supreme Court Title 42 Ruling Gives Biden a Break From Democrats’ Criticism

© Alex Wong/Getty Images; Kevin Dietsch/Getty Images Above, a photo of President Joe Biden alongside an inset of Senator Joe Manchin. Biden has faced criticism from some Democrats, including Manchin, over immigration. But the Supreme Court’s decision to keep Title 42 in place until justices determine their ruling on its case could offer him temporary relief from this criticism.

The Supreme Court gave President Joe Biden a break from Democratic criticism on immigration policy by allowing Title 42 to remain in place on Tuesday.

Title 42, a pandemic-era rule that allows authorities to send migrants back over the border without going through a formal asylum process, was first initiated by former President Donald Trump at the start of the COVID-19 pandemic to prevent the spread of the virus. But as other pandemic-related policies have waned, Title 42 has remained in place—dividing Democrats.

Moderates have found themselves at odds with the Biden administration over Title 42, as they warn an influx of asylum-seekers could overwhelm an already strained immigration system if the rule ends. Immigration advocates, however, say the rule was never intended as an immigration enforcement tool, is no longer needed as the pandemic winds down and violates the rights of asylum-seekers.

Democratic infighting has left Biden in a precarious situation over Title 42, as his administration called for its end earlier in December, sparking criticism from centrists and Republicans, who highlighted border security during the midterms.

The Supreme Court, just days before Title 42 was set to end, ruled in favor of keeping the policy in place Tuesday, potentially giving Biden a respite from an issue that has dogged his tenure thus far.

That break may not last long, however, as the Biden administration is set to defend its opposition to Title 42 in February, when the Supreme Court will hear the case on whether the rule should stand. It will remain in place until the justices decide that case.

White House press secretary Karine Jean-Pierre on Tuesday told reporters that Biden will comply with the order, prepare for the Court’s review of the case and refocus efforts on comprehensive immigration reform, according to the Associated Press.

“At the same time, we are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration,” Jean-Pierre said, the AP reported. “Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely.”

Immigration has long been a sore spot for Democratic infighting, with progressives championing overarching immigration reform with a humanitarian focus. More moderate Democrats, such as Texas Representative Henry Cuellar, on the other hand, have backed bipartisan efforts that receive support from Republicans.

Cuellar was among the leading Democrats criticizing the Biden administration for opposing Title 42, questioning when the Biden administration will offer an immigration plan earlier in December during an appearance on CBS News’ Face the Nation.

“They’ve been talking about this plan for the last two years. They’ve been blaming Republicans. They’ve been blaming Congress. How long is this plan going to…take effect?” Cuellar asked.

In a Twitter thread Tuesday, Cuellar highlighted the need for immigration reform, writing in one tweet: “We now need a policy of consequences for those who are returned to Mexico or their country of origin. Under current law, there is a 5 year ban on requesting asylum for those who are returned because they did not follow the law.”

He also sent a letter to the Biden administration with moderate Democratic West Virginia Senator Joe Manchin and other lawmakers warning of a “complete loss of operational control” if Title 42 is revoked.

“While admittedly imperfect, termination of the CDC’s Title 42 order at this time will result in a complete loss of operational control over the southern border, a profoundly negative impact on border communities, and significant suffering and fatalities among the migrants unlawfully entering the United States,” the letter reads.

Meanwhile, California Governor Gavin Newsom—seen as a potential presidential candidate should Biden not run—also visited parts of the U.S.-Mexico border as Biden dismissed calls for him to do so. Though Newsom largely defended Biden’s handling of immigration, some questioned whether the visit pointed to presidential aspirations.

Newsweek reached out to the White House for comment.

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