West Virginia’s senators say they support action by U.S. Chief Justice John Roberts to at least temporarily hold in place a policy known as Title 42, allowing swift expulsion of migrants to their country of origin or to Mexican border towns.
Title 42, which was a pandemic-era policy, was set to expire Wednesday. The policy gives the Centers for Disease Control and Prevention the authority to deny entry to people from countries where there is an outbreak of an infectious disease.
Roberts put a temporary hold on its termination. The chief justice ordered the Biden administration to respond to an appeal by 19 states by 5 p.m. today.
Senator Shelley Moore Capito, R-W.Va., praised the chief justice’s action.
“I’m pleased that the Supreme Court has temporarily prevented Title 42 from ending on Wednesday,” stated Capito, R-W.Va. “We are not prepared for the number of migrants who would cross our southern border without this tool.”
The Biden administration announced its intention to wind down the policy by late May. Since then, debate has focused on whether lifting Title 42 will open floodgates to migration.
The policy was instituted by the prior Trump administration, based on a World War II-era public health law granting the government the “power to prohibit, in whole or in part, the introduction of persons and property” to slow the spread of infectious disease. The Trump administration cited the spread of covid-19 to invoke the policy and then extend it.
Senator Joe Manchin, D-W.Va., expressed support for keeping the policy in place. Manchin had earlier participated in a bipartisan, bicameral letter urging the Biden administration to extend Title 42 beyond the Dec. 21 deadline.
“There is an immigration crisis at our southern border that is unlike anything we have ever seen,” Manchin stated this week.
“While I am pleased by Chief Justice Roberts’ order that will avert a disaster temporarily, it is not a permanent solution. I am committed to working with my bipartisan colleagues to ensure Congress and the Biden Administration work together to find a comprehensive and bipartisan immigration solution.”
Manchin spoke about Title 42 on Sunday’s “Face the Nation” national broadcast on CBS. He said Title 42 should be a temporary solution until broader immigration reforms are in place.
“We have a crisis at the border. Everyone can see that. I think everyone realizes that something has to be done,” Manchin said on the public affairs program. “Forty Two needs to be extended until we can get really, truly immigration reform. Immigration reform will not happen in our country until we all come, both sides of the aisle, Democrats and Republicans, that you have to have border security.”
Sen. Joe Manchin said on Sunday that Title 42 "needs to be extended," as the pandemic-era policy is set to lift Wednesday. Pres. Biden "needs to use every bit of power he has" to ask for an extension, Manchin added.
"This is wrong. You can't do this to the southern border." pic.twitter.com/umoSX1h3xl
— Face The Nation (@FaceTheNation) December 19, 2022