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WASHINGTON – The Supreme Court will hear oral arguments Tuesday over President Joe Biden’s effort to suspend a Trump-era policy requiring asylum seekers to wait in Mexico while their cases are considered, elevating immigration at the nation’s highest court as it becomes a central issue in the fall midterm elections.
Immigration has resurfaced as a key election controversy as the Biden administration comes under fire from Republicans and some Democrats for attempting to end a related policy known as Title 42, in which migrants are rapidly expelled from the USA without legal review. Though the two programs are based on different laws, experts say the Supreme Court’s ruling in Biden v. Texas may have implications for Title 42.
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Advocates say both policies remove migrants from the country – at least on a temporary basis, when it comes to MPP – before their cases have been reviewed.
“We’re at a point where not only do we have the Supreme Court case with ‘remain in Mexico,’ but Title 42 is being debated on Capitol Hill,” said Sabrina Talukder of Loyola Law School, an expert on immigration and anti-trafficking. “The hope from the advocates’ perspective is that if Biden v. Texas is granted in favor of the government, Title 42 will very easily be rescinded on the Hill.”