Title 42 on hold after Roberts grants temporary stay in states’ appeal to keep restriction

Title 42 on hold after Roberts grants temporary stay in states’ appeal to keep restriction
Title 42 on hold after Roberts grants temporary stay in states’ appeal to keep restriction
joe daniel price/Getty Images

(WASHINGTON) — Supreme Court Chief Justice John Roberts on Monday temporarily stopped the expiration of the immigration restriction Title 42, which was scheduled to lift on Wednesday, after 19 states filed an appeal.

Roberts’ brief order did not discuss the merits of the case. The administrative stay gives the justices enough time to consider the states’ appeal, given the looming deadline for Title 42 to end.

Roberts ordered responses to his order to be filed by Tuesday.

The states had asked the Supreme Court to intervene and keep Title 42 in place — contending that not doing so “will cause a crisis of unprecedented proportions at the border.”

“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” Arizona Attorney General Mark Brnovich said in a statement. “Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.”

The policy known as Title 42 started in 2020, under President Donald Trump, in the early days of the COVID-19 pandemic and has since been used to expel migrants from the southern border more than 2.4 million times on the basis of public health concerns.

Due to the rapid nature of the expulsions, which usually take place in a matter of hours, access to asylum and other humanitarian protections is sharply curtailed.

The American Civil Liberties Union and other advocates have been waging a legal battle against the order, claiming it violates federal and international law.

In Monday’s application for a stay, the states, which are mostly Republican-led, again argued that lifting Title 42 will create an influx of unauthorized migrants who will unduly burden government services like law enforcement, education and health care.

Border Patrol made a record 2.2 million apprehensions along the southern border this past fiscal year. Meanwhile, the Biden administration removed 1.4 million people under both Title 42 and the standard immigration authority, Title 8.

The states also maintained that the federal government is essentially trying to have it both ways on the controversial policy — what the states call “collusion and contradiction” — because the government first defended Title 42 earlier in the litigation and then switched sides and supported the lower court decision to strike it down.

Last month, U.S. District Judge Emmet Sullivan ruled that Title 42 was “arbitrary and capricious” and that its public health impact was minimal.

Sullivan set a Wednesday deadline to end the protocols.

A federal appeals court on Friday denied the states’ effort to preserve Title 42.

The states sought a stay from Roberts, who oversees the appellate circuit handling the case, as well as for the full Supreme Court to hear their appeal while Title 42 remains in place. The justices could agree to hear the appeal by granting a writ of certiorari.

There is no set timeline for this.

The appellate ruling last week was unanimous — and procedural. The lower court judges found that the states became involved too late in the process, given their purported alarm.

“In this case, the inordinate and unexplained untimeliness of the States’ motion to intervene on appeal weighs decisively against intervention,” the panel wrote, noting that the lawsuit had been pending for almost two years.

White House press secretary Karine Jean-Pierre said Monday, ahead of the temporary stay, that the administration was still preparing to end the Title 42 protocols as ordered.

“What I can tell you is we are required by a court order to lift Title 42. That’s Dec. 21. And we’re going to comply with that,” she said.

In a statement last week, after the appeals court ruled against the states, White House spokesman Abdullah Hasan said that the administration “will continue to fully enforce our immigration laws and work to expand legal pathways for migration while discouraging disorderly and unsafe migration.”

“To be clear: the lifting of the Title 42 public health order does not mean the border is open,” Hasan said then. “Anyone who suggests otherwise is doing the work of smugglers spreading misinformation to make a quick buck off of vulnerable migrants.”

In a statement on Monday following the stay, the Department of Homeland Security said, in part: “The Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.

“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts.”

The department urged Congress to approve more funding for the border.

ABC News’ Sarah Kolinovsky contributed to this report.

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Jurors to decide ex-police officer Aaron Dean’s sentence for killing Atatiana Jefferson

Jurors to decide ex-police officer Aaron Dean’s sentence for killing Atatiana Jefferson
Jurors to decide ex-police officer Aaron Dean’s sentence for killing Atatiana Jefferson
Witthaya Prasongsin/Getty Images

(DALLAS) — A jury began deliberating the sentence Monday for former police officer Aaron Dean after he was found guilty of manslaughter in the 2019 shooting death of Atatiana Jefferson.

The prosecution and defense rested their cases in the sentencing phase Friday and delivered closing statements early Monday.

The same jury decided to convict Dean on Thursday for manslaughter as opposed to a harsher murder charge during roughly 13 hours of deliberations. Manslaughter is a second-degree felony, according to the Texas penal code. It’s punishable by two to 20 years in prison and up to a $10,000 fine.

Dean psychologist called as witness

The prosecution called on its first witnesses in the sentencing phase of the trial Friday morning.

Kyle Clayton, the psychologist who conducted a pre-employment psychological evaluation on Dean back in March 2017, took to the stand to speak about the results of the evaluation.

“There were indications from the [evaluation] of grandiosity and some interpersonal difficulties, including that this person would likely to be seen as domineering or over-controlling,” Clayton said Friday during sentencing testimony.

“These profile types tend to be those who are very concerned with sort of the facade of superiority and not appearing passive or weak in any way,” he added.

Clayton testified Friday he asked Dean to rank himself on a scale from zero to 10, with 10 meaning he had zero flaws.

Dean ranked himself as a nine, Clayton said, adding Dean said he’d be a 10 “if not for what he categorized as some stupid things that he had done in the past to — as he described it — piss people off.”

“He was not psychologically suitable to be a Fort Worth police officer,” Clayton testified.

Assault accusation against Dean

The prosecution brought a woman who accused Dean of assault in 2004 to testify in front of the jury.

She spoke about physical altercations between her and Dean and the verbal report and written statements she gave to University of Texas at Arlington police.

Jefferson’s brother speaks out

Adarius Carr, Jefferson’s brother, said his younger sister was like his “best friend.”

“Being the only boy in the family … she was a tomboy, she was the one who, if I was playing basketball, she was playing with me, and if I was hanging out my friends, she was playing with me,” Carr said. “Video games, I’m pretty sure I’m the reason she started playing them.”

Jefferson had been staying at her mother’s home to help take care of her mother’s health and her own, according to Carr.

Defense character witnesses begin

The defense called on Tim Foster, who attended Dean’s church for several years.

He described Dean’s work with the church, including directing and putting together a musical program every year for the holiday season.

Foster described Dean as “dependable, upright, noble” and a “humble servant.”

Another churchgoer and friend of Dean’s family who has known him for more than 20 years testified that Dean is “a great guy.”

“He led by example,” the family friend said. “Of course, he’s been raised to be that way.”

Dean’s mother Donna told the jury Dean became an officer to “make a difference in people’s lives and wanted to help people.”

Officer, detective both take the stand

Christina Livingston, a court officer for the Tarrant County probation office, was also called by the defense. She outlined the restrictions and terms of probation that may be considered by the jury in Dean’s sentencing.

Fort Worth Detective Thomas Dugan, who was one of Dean’s field training officers several years ago, also took the stand Friday.

Dugan testified that Dean was “willing to learn and wanting to learn.” He said he was open to corrections in his training.

The fatal night

Jefferson, a 28-year-old Black woman, was fatally shot by Dean, a white police officer, in her Fort Worth, Texas, home on Oct. 12, 2019.

Dean and another officer responded to a nonemergency call to check on Jefferson’s home around 2:30 a.m. because a door was left open to the house.

Dean did not park near the home, knock at the door or announce police presence at any time while on the scene, according to body camera footage and Dean’s testimony during the trial.

Dean testified that he suspected a burglary was in progress due to the messiness inside the home when he peered through an open door. When Dean entered the backyard, body camera footage showed Dean looking into one of the windows of the home.

Jefferson and her young nephew Zion were playing video games when they heard a noise, according to Zion’s testimony. Zion said his aunt had left the door open because they burned hamburgers earlier in the night and were airing out the smoke.

Jefferson grabbed her gun from her purse before approaching the window, Zion testified. Police officials have said Jefferson was within her rights to protect herself.

Dean’s lawyers argued during the trial that he was confronted by deadly force when he saw Jefferson with the gun and was within his right to respond with deadly force. However, Dean admitted on the stand that his actions constituted “bad police work.”

In body camera footage, Dean can be heard shouting, “Put your hands up, show me your hands,” and firing one shot through the window, killing Jefferson. According to a forensics video expert, there was half a second between his commands and when he shot Jefferson.

Dean resigned from the police department before his arrest. Fort Worth Chief of Police Ed Kraus has said Dean was about to be fired for allegedly violating multiple department policies.

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Coast Guard searching for nine missing from capsized boat off Florida coast

Coast Guard searching for nine missing from capsized boat off Florida coast
Coast Guard searching for nine missing from capsized boat off Florida coast
CT757fan/Getty Images

(NEW YORK) — The U.S. Coast Guard is searching for nine people who were aboard a capsized boat off the coast of Florida.

The Coast Guard was alerted to the accident after a good Samaritan rescued a survivor near Lake Worth, Florida, who reported that he and nine others set sail from Cuba on Dec. 10, the Coast Guard’s Southeast branch tweeted Monday morning.

The vessel capsized early Sunday morning, and the survivor was plucked from the Atlantic Ocean around 3:30 p.m. Sunday, according to the Coast Guard.

Additional information on the search and rescue mission was not immediately available.

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NYC Mayor Eric Adams calls for federal, state help after Title 42 ends

NYC Mayor Eric Adams calls for federal, state help after Title 42 ends
NYC Mayor Eric Adams calls for federal, state help after Title 42 ends
Andrew Lichtenstein/Corbis via Getty Images

(NEW YORK) — New York City Mayor Eric Adams is warning that the city is expected to receive over 1,000 asylum-seekers each week, with Title 42 set to be lifted on Wednesday.

Although he does not say what authority has warned of the incoming surge of migrants, he said that NYC would see more people entering the shelter system as early as Sunday.

“The flow of asylum-seekers to New York City has slowed in recent months, but the tool that the federal government has used to manage those coming over the border is set to expire this week, and we have been told in no uncertain terms that, beginning today, we should expect an influx of buses coming from the border and that more than 1,000 additional asylum-seekers will arrive in New York City every week,” Adams said in a statement.

Title 42 is a clause of the 1944 Public Health Services Law that “allows the government to prevent the introduction of individuals during certain public health emergencies,” Olga Byrne, the immigration director at the International Rescue Committee, told ABC News last week.

Adams has called on the state and federal government for funding to help house asylum-seekers, saying that NYC has managed the flow and influx of seekers “entirely on its own.”

Since April, Texas Gov. Greg Abbott has bused over 14,000 migrants from the Texas-Mexico border to Democrat-led cities across the country, including NYC, citing a need to secure the border after claiming the Biden administration isn’t doing so.

In September, Adams called for “coordination” with the federal government and Republican governors over the busing and flying of migrants to the city, saying that NYC’s system was “nearing its breaking point.”

“We are in urgent need for help, and it’s time for our state and federal partners to act — especially those in Congress who refuse to provide the financial resources or issue temporary work authorizations necessary for these individuals to live properly,” Adams said in a press release Sunday.

The mayor also warned that the shelter system is currently full and are “nearly out of money, staff, and space.”

“Truth be told, if corrective measures are not taken soon, we may very well be forced to cut or curtail programs New Yorkers rely on and the pathway to house thousands more is uncertain,” Adams said.

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Chainsaw-wielding man storms police station, holds two children hostage before arrest, police say

Chainsaw-wielding man storms police station, holds two children hostage before arrest, police say
Chainsaw-wielding man storms police station, holds two children hostage before arrest, police say
Cohasset Police Department

(COHASSET, Mass.) — A man allegedly wielded a gas-powered chainsaw as he attempted to storm a Massachusetts police station on Sunday afternoon, according to the Cohasset Police Department.

He then allegedly held two children hostage at a nearby home, according to police.

Cohasset Police said Brien Buckley, 35, was arrested at around 9 p.m. on Sunday night after an hours-long standoff with a SWAT team, hostage negotiators and multiple local police forces.

Buckley was arrested on multiple child engagement and property damage charges, as well as resisting arrest, disorderly conduct, disturbing the peace and other charges, police said. He’s being held without bail, according to officials.

Buckley allegedly drove onto the lawn of the Cohasset Police Department’s headquarters at about 2:30 p.m. before entering the lobby “revving” a gas-powered chainsaw, according to a statement. A civilian desk assistant contacted officers, as Buckley attempted to use the saw to enter a restricted area of the police station, officials said.

“He attempted to cut through the security door of the lobby of the police station,” Cohasset Police Chief William Quigley said during a press conference.

Quigley noted that the man was previously “known to the department.”

According to police, Buckley fled the station to a residence in Cohasset where he allegedly barricaded himself inside with two small children.

“There are two young children in the house under five years of age,” Quigley said while the situation was ongoing.

At one point, Buckley allegedly dangled the children from a second-story window while yelling at officers on the ground, according to the release.

After attempts to de-escalate the situation failed, law enforcement made the decision to forcibly enter the home due to a “clear and present danger to the children,” officials said. Police said they used a taser to take Buckley into custody. The children were removed from the home by officers, according to the release.

From roughly 3:40 p.m. to 9:15 p.m., the Cohasset police instituted a shelter-in-place order for a quarter-mile radius from the home in which Buckley was barricaded.

The two children were reunited with their mother and grandfather at the scene, and Buckley was detained without bail after originally being transported to a local hospital, police said.

Prosecutors will arraign Buckley on Monday at Quincy District Court, according to police.

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Winter storm that swept across US leaves frigid temperatures in its wake

Winter storm that swept across US leaves frigid temperatures in its wake
Winter storm that swept across US leaves frigid temperatures in its wake
Courtesy of Blake Rafferty

(NEW YORK) — The winter solstice is days away, but frigid temperatures are already here for much of the U.S.

Many regions have been blanketed in snow after a winter storm system took more than a week to sweep across a large portion of the country from west to east, bringing deadly tornadoes to the South and blizzard-like conditions in other parts of the country.

The major storm brought between 4 feet and 6 feet of snow to the Sierra Nevada mountain range, with 2 inches to 4 inches of flooding rain on the West Coast.

Another 4 feet of snow was dumped in the northern Plains, with whiteout conditions and 40 mph winds, as well as snow drifts measuring up to 8 feet.

The Northeast experienced a nor-easter, with up to 2 feet of snow falling in some regions and up to 2 inches of rain closer to the coast.

Snow was still falling Sunday morning in northern Maine — totaling up to an additional 6 inches to 12 inches in some spots. The system is expected to have fully exited into the Atlantic Ocean by Sunday night.

In its wake are chilly conditions across much of the U.S. in the week leading up to Christmas.

It is already cold across the northern plains, but temperatures will continue to drop as the week progresses. By Friday, lows across the Dakotas and Minnesota may be as low as -40 Fahrenheit, with wind chills around -50 degrees.

Even as far south as Texas, temperatures may drop below zero by Friday morning, which could strain the state’s energy grid.

This type of weather pattern can often produce a strong storm along the East Coast, which is expected toward the end of the week and heading into Christmas Eve.

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Mother, stepfather arrested as FBI, police search for missing 11-year-old

Mother, stepfather arrested as FBI, police search for missing 11-year-old
Mother, stepfather arrested as FBI, police search for missing 11-year-old
FBI

(CORNELIUS, N.C.) — The mother and stepfather of Madalina Cojocari, 11, who has been missing for weeks, were arrested on Saturday for allegedly failing to report her disappearance, police said.

The 11-year-old was last seen at home in Cornelius, North Carolina, about three weeks before her school was notified on Dec. 15 that she was missing, according to law enforcement officials.

“The parents of the juvenile reported the juvenile missing to the Bailey Middle School SRO where the juvenile attends school,” the Cornelius Police Department said in a statement on Friday. “The juvenile was last seen at home, on the evening of November 23, 2022, and has not been seen since.”

The FBI and the North Carolina State Bureau of Investigation are working with the Cornelius Police Department in the search for the missing girl.

Cojocari had been wearing “jeans, pink, purple and white Adidas shoes, and a white t-shirt and jacket” at the time of her disappearance, the FBI said.

Police said they began an investigation on Thursday after the school was notified Cojocari was missing.

Diana Cojocari, 37, and Christopher Palmiter, 60, were arrested on Saturday on the charge of Failure to Report the Disappearance of a Child to Law Enforcement, police said in two statements.

Police identified the pair as Cojocari’s mother and stepfather. Both are being held at the Mecklenburg County Detention Center, police said.

North Carolina law requires parents or guardians to report missing children to law enforcement within “a reasonable time.”

ABC News’ Victoria Arancio and Monica Camacho contributed to this report.

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5 in critical condition following Memphis shooting

5 in critical condition following Memphis shooting
5 in critical condition following Memphis shooting
Oliver Helbig/Getty Images

(MEMPHIS, Tenn.) — Five people are in critical condition after a late Friday night shooting in North Memphis, Tennessee, according to the Memphis Police Department.

Two men and two women were transported to a local hospital in critical condition, and another woman was taken by a private vehicle to the hospital in critical condition.

The suspect is known by the victims but is not in custody, according to Memphis police.

“This incident stemmed from a domestic situation. All individuals shot were adults,” the department said in a Tweet.

This is a developing story. Please check back for updates.

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Famed Los Angeles mountain lion P-22 euthanized after likely vehicle collision

Famed Los Angeles mountain lion P-22 euthanized after likely vehicle collision
Famed Los Angeles mountain lion P-22 euthanized after likely vehicle collision
yorkfoto/Getty Images

(LOS ANGELES) — Los Angeles mountain lion P-22 was euthanized after officials determined the celebrity feline was suffering from severe injuries and chronic health problems, the California Department of Fish and Wildlife said Saturday.

The mountain lion had been captured on Monday by CDFW and the National Park Service officials who brought it in for evaluation.

The CDFW said the feline’s injuries and health issues were discovered during a comprehensive medical evaluation.

The agencies say it is likely that a vehicle collision or incident was the cause behind some of the injuries.

The CDFW is not seeking information on a vehicle collision, calling the situation “an eventuality that arises from habitat loss and fragmentation, and it underscores the need for thoughtful construction of wildlife crossings and well-planned spaces that provide wild animals room to roam.”

Medical tests showed “significant trauma to the mountain lion’s head, right eye and internal organs, confirming the suspicion of recent injury, such as a vehicle strike,” the department said.

The CDFW said the trauma to his internal organs would require invasive surgical repair.

Tests also revealed significant pre-existing illnesses, including irreversible kidney disease, chronic weight loss, extensive parasitic skin infection over his entire body and localized arthritis.

“Based on these factors, compassionate euthanasia under general anesthesia was unanimously recommended by the medical team at San Diego Zoo Safari Park, and CDFW officials made the decision to do so on Saturday, Dec. 17,” the department said.

According to CDFW, the cat’s chronic and debilitating conditions, as well as his age, “left P-22 with no hope for a positive outcome.”

The celebrity lion, which is tracked by National Park Service researchers, became famous for making Griffith Park his home and prowling through the Hollywood Hills on occasion. He even became the subject of a book and a documentary.

“Mountain lion P-22 has had an extraordinary life and captured the hearts of the people of Los Angeles and beyond,” the statement from CDFW read. “The most difficult, but compassionate choice was to respectfully minimize his suffering and stress by humanely ending his journey.”

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Nor’easter pummeling Northeast with snow, ice, rain and wind: Latest forecast

Nor’easter pummeling Northeast with snow, ice, rain and wind: Latest forecast
Nor’easter pummeling Northeast with snow, ice, rain and wind: Latest forecast
Jose A. Bernat Bacete/Getty Images

(NEW YORK) — At least 208,000 customers in the Northeast have lost power as a Nor’easter pummels millions in the Northeast with snow, ice and rain as a major storm continues to sweep its way across the country.

In Maine, at least 71,711 are without power, with 55,288 customers in New Hampshire, 50,666 in Vermont and 30,375 customers in New York experiencing similar outages Saturday.

This storm started in the west and the south, with 58 reported tornadoes slamming Texas, Oklahoma, Louisiana, Mississippi, Alabama, Georgia and Florida.

In the north, up to 4 feet of snow fell in western South Dakota, while up to 30 inches slammed Duluth, Minnesota. Blizzard warnings are ongoing for Nebraska, South Dakota, North Dakota and Montana.

Part of that massive storm has redeveloped into a Nor’easter that’s pounding the Northeast.

A winter storm warning is in effect from Pennsylvania to Maine.

So far 13 inches of snow fell in Landgrove, Vermont, 12 inches hit Piseco, New York, and 10 inches were recorded in Plainfield, Massachusetts.

Heavy rain and powerful winds up to 50 mph are slamming the coast from New York City to Boston.

The storm will slowly drift to the northeast, dropping rain and heavy snow in New England before tapering off Saturday night.

ABC News’ Dan Amarante and Kiara Alfonseca contributed to this report.

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