The Supreme Court of the United States announced on Tuesday the maintenance of a measure taken during the Covid-19 pandemic allowing the deportation of migrants at the border.

The lifting of this policy, dubbed “Title 42”, was contested by 19 American states, which feared an influx of migrants at the border with Mexico.

After this decision, the White House called for “in-depth reform” of American migration policy.

"In order to fix our broken immigration system, Congress must pass deep immigration reform," urged President Joe Biden's spokeswoman Karine Jean-Pierre.

In March 2020, the government of former President Donald Trump activated this health system to be able to expel without delay migrants without residence permits arrested at land borders, including potential asylum seekers.

Possible violation of international asylum laws

This expulsion measure is immediate, does not allow legal recourse and does not provide for automatic return to the country of origin.

Rare exceptions are provided for, for certain nationalities such as Ukrainians since the invasion of their country by Russia, or for unaccompanied minors.

Human rights activists and experts consider it a violation of international law.

In particular, they consider it “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 illegally and to take ever increasing risks to get there by crossing hostile deserts or rivers conducive to drowning.

"Title 42" has been the subject of several separate court battles.

A court of first instance, then another of appeal, had pronounced in favor of its repeal.

Decision on the merits in 2023

In March 2020, the government of former President Donald Trump activated this health system to be able to expel without delay migrants without residence permits arrested at land borders, including potential asylum seekers who feared an influx of migrants at the border with Mexico.

After this decision, the White House called for “in-depth reform” of American migration policy.

In anticipation of this potential lifting, several municipalities on the southern border of the United States had begun to install fences and fences.

Many migrants have been waiting around the border for the past few weeks, hoping to be able to apply for asylum in the United States.

The measure will ultimately remain in place until the Supreme Court decides on the merits of this case.

It will hear the arguments of both parties in February 2023 and will issue its decision next spring.

That gives the Biden administration a few extra months to prepare for a potential influx of migrants.

The Democratic president is struggling for the moment to put in place a sustainable strategy to manage arrivals at the border with Mexico, 3,000 kilometers long.

200,000 arrests in November

Clandestine arrivals at the US border with Mexico are currently breaking historic records, with more than 200,000 arrests in November alone.

Immigration is an explosive political topic in the United States.

The Republican opposition relentlessly attacks Joe Biden, accused of having turned the border into a sieve.

The decision of the Supreme Court was immediately applauded by the Republican camp.

"It will prevent people living on the border from sinking into total chaos," welcomed Texan elected official Tony Gonzales.

During his election campaign, Joe Biden had promised a broad reform of the migration system, but all his bills are bogged down in Congress.

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