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AG Brnovich secures a stay for Title 42

COVID-era immigration order to remain in place until February
Supreme Court
Arizona Attorney General Mark Brnovich
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KGUN 9 will have more on this developing story in our 4, 5 and 6 p.m. newscasts.

Arizona Attorney General Mark Brnovich has shared via Twitter that the U.S. Supreme Court has granted his office's application tokeep Title 42 in place.

Title 42, enacted in March 2020, restricted asylum-seekers from entering the U.S. as part of a COVID safety-related protocol.

The court handed down its order to grant the stay on Tuesday, Dec. 27, saying the stay will last until February 2023, when the case will be scheduled for argument.

The justices were divided 5-4 on the vote, with Justices Sotomayor, Kagan, Jackson and Gorsuch opposing the stay.

Justice Neil Gorsuch authored a dissenting opinion, writing:

From March 2020 to April 2022, the Centers for Disease Control and Prevention responded to the COVID–19 pandemic by issuing a series of emergency decrees. Those decrees—often called “Title 42 orders”—severely restricted immigration to this country on the ground that it posed a “serious danger” of “introduc[ing]” a “communicable disease.”...

The States have now come to this Court seeking two things.

First, the States ask us to grant expedited review of the D. C. Circuit’s intervention ruling.

Second, the States ask us to stay the district court’s judgment while we review the D. C. Circuit’s intervention ruling. This stay would effectively require the federal government to continue enforcing the Title 42 orders indefinitely...

But the current border crisis is not a COVID crisis. And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency. We are a court of law, not policymakers of last resort.

Brnovich submitted the request to the high court on Wednesday, Dec. 21, stating publicly "We must take action because the Biden administration refuses to do its job."

This is a developing story. KGUN 9 will provide official statements as they become available.

RELATED: Supreme Court to allow border rule Title 42 to stay in place

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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.