'Started by You Guys': Jean-Pierre Blames a Court Order as Title 42 Nears Its End (December 19, 2022)

With El Paso’s Democratic mayor declaring a state of emergency and the Title 42 border policy two days from expiring, a reporter asked the White House a simple question: Was the president trying to keep it? Press secretary Karine Jean-Pierre answered with a court order. “That is a court order that is telling us to lift Title 42. And we’re going to comply because we follow the rule of law,” she said.

“But the administration sought to lift it,” the reporter shot back. “Started by you guys.” The video above shows the exchange from the Dec. 19, 2022, White House briefing. Quotes are from the official transcript published by the American Presidency Project [1].

”He Could No Longer Keep His Community … Safe”

The reporter opened with El Paso. “El Paso’s Democratic mayor has declared a state of emergency. And he said that he would only do that when he felt he could no longer keep his community or the asylum seekers safe. He’s saying that that time is now, ahead of Title 42 expiring. What is the White House response to that?” [1]

“From day one, President Biden has taken steps to reduce disorderly migration while expanding legal pathways for orderly migration. We are in constant communication with the mayor of El Paso,” Jean-Pierre said. She pointed to a Venezuela enforcement initiative she said had cut arrivals from that country by 90% and to the “historic number” of 23,000 agents at the border, and she asked Congress for $3.5 billion more [1].

Four Times Over Capacity

The reporter came back with a Republican congressman’s video. “There was one Border Patrol facility on Friday. He says there are 4,600 migrants in that facility; its capacity is 1,040,” the reporter said. “They’re at four times their capacity right now. So is the view that this is working?” [1]

Jean-Pierre pointed to Congress again. “If congressional Republicans are serious about this, serious about dealing with what — the challenges that we’re currently seeing, then they would assist in helping making sure the men and the women of the DHS has the resources that they need,” she said. “Instead of doing political ploys like they have been for the past several months, they will, you know, adhere to our funding requests” [1].

”Throw More Money at a Problem”?

The reporter turned the funding argument around. Republicans, the reporter said, “hesitate to throw more money at a problem when the Homeland Security Secretary is saying that the border is secure.” And Sen. Joe Manchin, D-W.Va., was saying the president “has the ability to ask for an extension; he should be asking for an extension.” Was that within his authority? [1]

“We remain under a court order to lift Title 42. That is a court order,” Jean-Pierre said [1].

“Aren’t you guys driving it though?”

“That is — that is a court order that is telling us to lift Title 42. And we’re going to comply because we follow the rule of law.”

“But the administration sought to lift it.”

“That is — but it is a court order.”

“Started by you guys.”

“It was a court order that has been provided to us, and so now we have to comply. And that is — we have to comply by December 21st.”

“So you’re saying you don’t support lifting Title 42? Or —”

“What I’m saying is that — I — what I’m saying — that it is a court order that has been presented to us that we are going to comply with” [1].

”Does Not Mean the Border Is Open”

Earlier in the same briefing, Jean-Pierre warned migrants against believing the border would open. “The removal of Title 42 does not mean the border is open. Anyone who suggests otherwise is simply doing the work of these smugglers who, again, are spreading misinformation,” she said [1].

Asked about estimates that 50,000 migrants were waiting in Mexico to cross, she said she didn’t “have a number for you at this time” [1].

”I Just Answered the Question”

Another reporter pressed on whether Biden would go see it for himself. “I know you’ve been asked about this before, but just yesterday, Representative Cuellar told ‘Face the Nation’ that he wants to see President Biden go to the border. He said it doesn’t have to be for a photo op, but a leader has to show images of being up there in front. So does the President have any plans to go to the border? Is now a good time to go?” [1]

“Like you said, I’ve addressed this before. Look, the President’s focus right now is to come up with solutions, is focused on making sure that we have the resources to manage what — the challenges that we’re seeing at the border,” Jean-Pierre said [1].

“But given what we’re seeing at the border —” the reporter began. “I — I just answered the question. I just said we’ve — we’ve litigated that back and forth here for the past two weeks or so,” Jean-Pierre said [1].

The Supreme Court Steps In

The same day, a group of states led by Arizona asked the Supreme Court to keep Title 42 alive. Chief Justice John Roberts temporarily put the lower court’s order on hold that day, Dec. 19, 2022 [2]. On Dec. 27, the full court granted the states’ application, staying the November ruling that had vacated the Title 42 policy [2].

The court’s order spelled out what that meant: “This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy” [2].

In other words, the “court order” Jean-Pierre kept citing was frozen, and the administration remained free to act on the policy itself.

By the Numbers

4,600 vs. 1,040: the migrants a Republican congressman said were in one El Paso facility, against its capacity [1].
23,000: Border Patrol agents Jean-Pierre cited [1].
$3.5 billion: the extra border funding the White House was asking Congress for [1].
50,000: migrants a reporter said were estimated to be waiting in Mexico [1].
Dec. 27, 2022: the day the Supreme Court kept Title 42 in place [2].

What Happened Next

Title 42 lasted five more months. The policy finally ended on May 11, 2023, as HYGO News reported in its page on DHS Secretary Alejandro Mayorkas’ briefing that day.

The border numbers kept climbing. Encounters at the southern border set a record in fiscal 2023, as HYGO News reported in its page on Peter Doocy’s question about 1,500 troops.

More of Jean-Pierre’s answers, checked against the record, are on HYGO News’ Karine Jean-Pierre record page.