Response to SCOTUS on Title 42

SCOTUS leaves the fate of Title 42 to the whims of racist governors

December 29th, 2022

This week the US Supreme Court ruled that Title 42 will remain in effect as legal challenges continue. This decision entertains a dangerous states’ rights movement to leave the fate of thousands of migrants to racist governors from Republican-led states. 

BAJI repeats the demand that the Biden administration demonstrate courage and commitment to racial equity by doing for Black, Indigenous, LGBTQ, and other vulnerable asylum-seekers what the administration did for white Ukrainians at the border – let them into the US to make their asylum claims in spite of a court order keeping Title 42 in place. 

As described in our report There Is A Target On Us, Black migrants are subjected to anti-Black violence and racist exclusion from accessing basic necessities while trapped in Mexico by Title 42 and other Biden administration policies. Watch this video where Black migrants describe to BAJI the anti-Black racism they face. 

Over the past couple of years, the Biden administration has chosen to expel more than 30,000 Black asylum-seekers. It has externalized asylum for Black and other vulnerable asylum-seekers in violation of their human rights and US and international law. The administration’s waffling on ending Title 42 is resulting in a weakening of federal power and strengthening of states’ rights and fascist activism that only means more harm and violence for Black people and others relying on the federal government to protect their human and civil rights. 

The Biden administration cannot continue to hide behind the right wing of SCOTUS and evade its obligations under asylum law and it’s own racial equity executive order. BAJI demands yet again that President Biden exercise power given to him by Black people – including naturalized migrants and their children – to protect Black and other vulnerable migrants by granting them categorical parole now and after Title 42 is finally lifted.