No. of Recommendations: 8
Another point found in the article contradicts the liberal contention that Biden is so hawkish that he sought to expand Title 42 but was thwarted by the courts.
I think you're misconstruing the liberal contention. Which is that Title 42 is no longer a viable option for immigration control, not that Biden intended to expand it. Not only is the acute emergency of Covid over, but the philosophical grounding for an argument that the Executive can find some enormous power to change immigration policy hidden in a public health statute is inconsistent with SCOTUS' recent jurisprudence. They've been clamping down on agencies digging up vague and unrelated statutory grants of power in order to achieve broad policy goals, and although the GOP might wish it to be different, the Court is unlikely to distinguish between the agencies that conservatives (in the moment) want to have broad and expansive powers and the ones they want to be narrowly constrained to the statutory language. Conservatives have celebrated the Court's trimming the sails of government agencies - but immigration control is also the province of a government agency(ies), so it's harder to find administrative work-arounds to make up for a lack of Congressional action.
So if Trump were to be elected, he would find it much more difficult to re-enact the Title 42 program as a means of controlling immigration - the facts and the law have changed dramatically.
