Ahead of U.S. Code Title 42 Section 265's expiration later this week, 19 Republican state attorneys general have petitioned the Supreme Court to continue the expulsion program.
The GOP's push for an administrative stay comes after the federal Appeals Court for the D.C. Circuit rejected an effort to extend Title 42, prepping for the public health-based immigration restrictions to be waived on Wednesday.
"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 stated. "Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000."
Instead, Brnovich and Louisiana Attorney General Jeff Landry argued in the filing that justices should put the lower court ruling on hold and grant a temporary injunction to maintain the policy.
They also suggested that the petition request "certiorari on the intervention questions, grant review, and expedite briefing and argument" so the case is heard in the current Supreme Court term.
Title 42 expulsions were deemed "arbitrary and capricious" and implemented in violation of the Administrative Procedures Act last month by U.S. District Judge Emmet Sullivan. Legal challenges have since upheld his decision and the Dec. 21 expiration date.
"The lack of evidence regarding the effectiveness of the Title 42 policy is especially egregious in view of CDC's [the Centers for Disease Control and Prevention's] previous conclusion that the use of quarantine and travel restrictions, in the absence of evidence of their utility, is detrimental to efforts to combat the spread of the communicable disease," Sullivan wrote.
The judge further noted that while Title 42 prevented asylum seekers from entering the country, millions of other travelers were crossing the border under less restrictive standards.
"Rather than view asylum seekers with fear and suspicion, we should work on creating a flexible humanitarian protection system that respects the lawful right to seek asylum and works to address the root causes of migration," American Immigration Council Policy Director Aaron Reichlin-Melnick said at the time.
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