‘It’s a question of when, not if’: immigration lawyer says Section 42 will inevitably be repealed

SAN ANTONIO – This is the beginning of a new year, and fate Title 42 not yet decided.

Pandemic-era policies have given the US the power to quickly turn down migrants and asylum seekers at the border due to COVID-19.

The Biden administration would like to remove Title 42but several states are fighting to keep it.

“In the end it’s a matter of when, not if, because it’s a temporary law and everyone agrees on that,” said Lance Curtwright, managing partner at Digital Millennium Copyright Law.

With 20 years of experience in immigration law under his belt, Kurtwright says repeal of Section 42 is inevitable.

“This is a statement from the president. The question is how it was introduced and how it was folded, which is what causes all the legal disputes, ”Courtwright said.

He cited disputes between the courts, the federal government and 19 states, including Texas, that are fighting to keep Section 42 in place.

“The longer it stays in place, the more damage it does,” Curtwright said.

For border communities, this causes confusion and uncertainty.

Sandragras Martinez left for El Paso from San Antonio almost a month ago. She helps migrants who sleep on the street with little or no money.

“It just becomes a human thing and making sure their basic needs are met,” Martinez said.

Martinez said she has seen the Title 42 being used as a weapon for political reasons, and it affects real life.

“I feel betrayed by my government,” she said.

In February, the US Supreme Court will consider arguments to keep Section 42 in force. At the moment politics remains.

Curtwright believes that a complete overhaul of the system is needed to solve the problem of immigration.

“Until we actually get the political will and get the people together and elect the people, we have some consensus, we’re going to continue some of these arguments about things that shouldn’t be argued about,” Kurtwright said.

Copyright 2023 by KSAT – All rights reserved.

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