Title 42, Southwest Air, and US Holiday Lore

Title 42 Remains in Place

The Supreme Court yesterday ruled 5-4 the Biden administration must keep in place pandemic-era border controls while it considers a separate legal challenge to the order. Anticipation over the possible lifting of the policy, known as Title 42, has led to a surge of migrants arriving at the US-Mexico border in recent weeks. 

The directive, implemented in March 2020 as an emergency health order, allows the quick expulsion of migrants without the opportunity for them to claim asylum, as typically required by law. The Biden administration has sought to rescind the order, while a coalition of Republican states has sought to keep the policy in place amid a historic flow of migrants over the past year.

More than 2.3 million encounters were made along the Southwest border during FY2022—about 40% were expelled under Title 42 (see data), primarily single adults. Data released Friday showed the highest-ever number of encounters made during the month of November, at more than 233,000. 

The policy will stay in place at least until the court decides whether the states have the ability to challenge a previous ruling that Title 42 violated procedural laws.     

Southwest Flightmare

Last weekend's severe cold snap continued to disrupt life across the nation Tuesday, with thousands of flights canceled and the military police needed to enforce a driving ban in snow-covered Buffalo, New York. Officials say the severity of the blizzard that rocked upstate New York stemmed from its unusually long duration.

Separately, the Department of Transportation initiated an investigation into Southwest Airlines after the carrier canceled two-thirds of its flights Monday and Tuesday, a number the federal agency described as disproportionate. For comparison, American, Delta, and United canceled under 2% of their flights yesterday (see flight data). Southwest announced it had begun limiting new bookings on flights as many of its baggage terminals filled up with unclaimed luggage.

While much of the east is set to thaw under warmer temperatures later this week, the west is preparing for heavy rains as Pacific storms drop up to 4 inches in some areas. 

Sentence in Whitmer Plot

The co-ringleader of a pandemic-era plot to kidnap Michigan Gov. Gretchen Whitmer (D) was sentenced to 16 years in prison yesterday, the longest term doled out to those convicted in the scheme thus far. Prosecutors had sought a life sentence for 39-year-old Adam Fox, who was found guilty on conspiracy charges in August. 

Angered over what they perceived as onerous COVID-19 restrictions, Fox led the development of plans to kidnap Whitmer with the intention of trying her for treason in an undisclosed location. The plot reportedly went as far as carrying out training exercises, purchasing some weapons and equipment, and surveilling Whitmer's vacation home. See a timeline here.

The broader legal case against the group has faced a number of issues, including accusations that undercover agents unduly influenced the group into acting on their plans. Fox's co-conspirator, Barry Croft Jr., will be sentenced today. 

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