The Supreme Court of the United States ruled, this Tuesday (27), that a measure adopted because of the covid-19 pandemic, used since 2020 to bar the entry of hundreds of thousands of migrants to the country, must remain in force.
The sentence, adopted by five votes to four, grants, at least temporarily, a petition from 19 states that claimed they would be overwhelmed by the arrival of migrants if the rule of the so-called Title 42 were suspended and the border was opened.
In March 2020, the administration of Republican Donald Trump (2017-2021) activated this sanitary instrument to be able to expel without delay migrants without residence permits detained at land borders.
The application of this measure is immediate, does not allow legal recourse and does not foresee the automatic return to the country of origin of the migrants.
Rare exceptions are foreseen for certain nationalities, such as Ukrainians since the invasion of their country by Russia, or for unaccompanied minors.
Activists and human rights experts consider the measure a violation of international law. In particular, they consider it “inhumane” to prevent a potential asylum seeker from formulating his or her procedure in this regard.
In his opinion, the current system only encourages migrants to cross the border illegally and to take ever greater risks to reach their destination, crossing deserts, hostile areas or rivers where they run the risk of drowning.
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