The following comment has been revised as of January 3, 2023.

If any more proof is needed to show that immigration is, first and foremost, a human rights issue, that proof was provided by the the right-wing US Supreme Court majority, which showed that the holiday spirit of goodwill to all did not apply to immigrants seeking asylum in the US from gang violence, dictatorship, discrimination and poverty in their home countries - especially when these immigrants are of non-European ancestry.

A December 27 decision by the US Supreme Court, in a 5-4 ruling, overturning a lower court decision that would have invalidated the use of Title 42 of the Code as a means to expel more than 2 million asylum seekers at the US border, according to Politico. policy-00075650

It is beyond dispute that Title 42 was never intended to be an immigration measure, but was always a health measure, which was purposely misused by Donald Trump's immigration czar, Stephen Miller, who has often been accused of white supremacy, with considerable justification, as an immigration measure for racially related political reasons. Any justification that might have existed for using Title 42 a health measure during the COVID pandemic was ended by the CDC in April, 2022, as Politico also reports. It is undisputed that using Title 42 to conduct mass expulsions of asylum-seekers has cause untold suffering on a massive scale that could be, without exaggeration, called a Crime Against Humanity.

Indeed, Justice Neil Gorsuch, a Trump appointee who is normally considered to be one of the three most "conservative", i.e. right wing, Justices on the Court (along with Justices Thomas and Alito) had the intellectual honesty to dissent from the majority opinion, along with the three liberal Justices. In his dissent, Gorsuch wrote:

"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."

Roger Algase
Attorney at Law
Harvard Law School LL.B
Harvard College A.B.