The U.S. Supreme Court ruled on Thursday that President Joe Biden has the authority to end the Trump-era immigration policy forbidding asylum seekers from entering the U.S.
On its final day of the 2020-2021 term, the Supreme Court agreed with Biden in Biden v. Texas that he has the authority to end former President Donald Trump’s “Remain in Mexico” policy, also known as the Migration Protection Protocols. The policy has prevented asylum seekers from entering the U.S.
Biden is still fighting, separately, the ability to end Title 42, which put controls on asylum seekers due to the COVID-19 pandemic. Trump issued that policy in the spring of 2020, saying at the time that he was protecting human health. The Biden administration has tried to lift Title 42 this year but a Louisiana federal court blocked the move in May. Biden entered office in 2021 saying he would end Trump’s “Remain in Mexico” policy but states have blocked his attempt through court action.
If the U.S. Supreme Court overturns Roe v. Wade, as is now expected this summer, the rights of the LGBTQIA+ community will be thrown into jeopardy, advocates believe. In the leaked draft opinion that reveals the Supreme Court will likely overturn Roe v. Wade this summer, Supreme Court Justice Samuel Alito attacked the court’s arguments written into the Roe v. Wade decision affirming the right to abortion. He also took aim at Casey v. Planned Parenthood, the 1992 decision that reaffirmed Roe. Roe v. Wade rests on the argument that individuals have a right to privacy and that the right can be found in the 14th Amendment and in other amendments. Subsequent rulings that effect LGBTQIA+ rights, such as Obergefell v. Hodges, the 2015 decision granting the right to same sex marriage, rests on a similar argument.
Immigrant advocacy groups raised an alarm on Tuesday about the potential for Title 42, a Donald Trump-era policy that prohibits asylum seekers from crossing the U.S. border, to continue after May 23. The federal Centers for Disease Control and Prevention announced last week that it would end Title 42 by May 23. Many immigrant advocates hailed this as a step in the right direction by the Joe Biden administration, which campaigned on a more humane approach to migrants along the southern U.S. border. The Trump administration implemented Title 42 soon after the COVID-19 pandemic began. That administration claimed it was prohibiting individuals from crossing the southern border to prevent the spread of the respiratory disease but immigrant advocacy groups have called the policy racist and inflammatory.
Monday marked the two-year anniversary of a policy by former President Donald Trump aimed to prevent asylum seekers from crossing the border during the COVID-19 pandemic. Some migrant advocates marked the anniversary by calling for President Joe Biden to end the policy. New Mexico Dream Team Co-Director Felipe Rodriguez told NM Political Report that asylum seekers waiting to enter the U.S. are mostly immigrants from Central America who are fleeing violence from organized crime, as well as other issues caused by political and economic instability and climate change. “Climate change is hitting Central America really bad,” he said. Rodriguez said climate change issues are making it harder for farmers to remain sustainable in Central America.
The U.S. Supreme Court appears likely to overturn Roe v. Wade or “effectively” overturn it, legal experts said on Wednesday after the court heard oral arguments on Mississippi’s 15-week abortion ban. The much-anticipated court case, Dobbs v. Jackson Women’s Health Organization, went before the court Wednesday for a two-hour oral argument. The state of Mississippi banned abortion at 15 weeks in 2019 and asked the court specifically to overturn the 1973 landmark decision. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said that, after listening to the court Wednesday morning, it seemed clear that the justices, “regardless of the arguments presented by the attorneys today are pretty well settled in their minds on this issue.”
Six of the nine justices are conservative and several have spoken explicitly or made previous rulings indicating that they oppose abortion. “It was pretty clear by the questions the justices asked and the way they were talking to one another that we don’t have the size necessary to uphold Roe as it stands today,” Rushforth said.
The U.S. Immigration and Customs Enforcement has transported a group of Haitian asylum seekers to the Torrance County Detention Facility and are not allowing the asylum seekers their due process rights, legal immigration experts have said. In addition, the asylum seekers at the Torrance County facility could have witnessed U.S. Border Patrol on horseback with whips confronting Haitian migrants outside of Del Ray, Texas, in September, Allegra Love, an attorney who works with migrants, told NM Political Report. Love said that all the people currently held in immigration detention should be “released today.”
“All of this is unnecessary,” she said. Love said that in addition to the asylum seekers’ due process rights being violated, the U.S. is violating their human rights and the U.S. is in violation of international law in the way it is handling asylum seekers. An ICE spokesperson said that ICE provides access to counsel.
The Texas law, SB 8, that bans abortion after six weeks in that state, is called “the Texas Heartbeat Act.”
But there is no heart within the pregnant person’s womb at six weeks after conception, according to health experts. At roughly six weeks, a current of electrical activity begins in a cellular cluster. Abortion rights proponents argue that that is just one way that anti-abortion rhetoric supplies misinformation and disinformation. Anti-abortion groups also coopt the language of social justice movements, including the reproductive rights movement, reproductive rights advocates have said. Adriann Barboa, policy director for the nonprofit organization Forward Together, said some who oppose coronavirus vaccinations and mask mandates use phrases such as, “my body, my choice,” when arguing against getting vaccinated or wearing masks to protect against COVID-19.
Vicki Cowart, president and chief executive officer for Planned Parenthood of the Rocky Mountains, was once thrown out of a business club in Caspar, Wyoming, for being a woman. It was a different time then, one in which job interviewers didn’t hesitate to ask women if they planned to have children and, if so, would they keep working, she said. Now such questions would be considered discriminatory and, potentially, actionable but Cowart, who has been leading PPRM since 2003, said facing repeated discrimination as a young professional, reading feminist literature and participating as an activist in her off time is why the last half of her career has been devoted to ensuring pregnant people have access to abortion in New Mexico, Colorado and Nevada. Cowart announced earlier this fall her plans to retire. She said she intends to continue until the board has found a replacement.
The New Mexico Democratic Congressional delegation signed onto an amicus brief urging the U.S. Supreme Court to uphold Roe v. Wade in the Mississippi abortion case Dobbs v. Jackson Women’s Health Organization. That case will be heard December 1. But the court has traditionally made its ruling on abortion cases at the end of the term in late June or early July. The state of Mississippi, in its case against the sole clinic that provides abortions in that state, has asked the Supreme Court to reconsider Roe v. Wade. Mississippi lawmakers passed an unconstitutional law in 2018 making abortion at 15 weeks gestation illegal in that state.
Several elected New Mexico officials signed onto a letter sent by the American Civil Liberties Union of New Mexico to the U.S. Department of Homeland Security Secretary Alejandro Mayorkas asking for the end of border expulsions under Title 42. Title 42 is a program started under former President Donald Trump which has continued under President Joe Biden. Under Title 42, the U.S. Customs and Border Protection (CBP) expels asylum seekers at the border rather than allowing them to enter the country and go through the process of applying for asylum in the U.S.
Under Biden, some exemptions became available though CBP still turned away the majority who requested asylum at a port of entry. But Katie Hoeppner, a spokesperson for ACLU-New Mexico, told NM Politlcal Report in an email that the situation “is now deeply troubling because there is no way for people seeking asylum to safely approach ports of entry and request protection, no matter how vulnerable they are.”
The letter states that allowing asylum seekers to enter into the U.S. is not only a legal responsibility but that it can be done safely. The letter states that recent research shows that 99 percent of asylum seekers who were not detained or released from immigration custody showed up for their hearings in 2019.