Supreme Court pauses demise of Title 42 migrant policy, keeping expulsions in place for now

Though the decision pauses what Biden’s critics say would be a potential crisis on the southern border, it doesn’t necessarily signal which way the high court is leaning. Screenshot NBC 

By John Fritze || USA TODAY

The Supreme Court on Monday temporarily blocked the Biden administration from ending the pandemic-era Title 42 immigration policy in a move that gives critics and supporters of the effort more time to make their arguments.

The decision was the result of the short fuse lit by 19 conservative states that filed an emergency appeal Monday. The states asked the justices to block a lower court ruling requiring President Joe Biden to end the Title 42 expulsions by midnight Wednesday. Instead, both sides will now have additional time to file written arguments with the court.

Though the move pauses what Biden’s critics say would be a potential crisis on the southern border, it doesn’t necessarily signal which way the high court is leaning on the broader questions about the policy. 

At issue is a Trump-era policy known as Title 42 that permits Customs and Border Protection to expel migrants without the usual legal review to Mexico or to their home countries to prevent the spread of COVID-19 in holding facilities. The Biden administration announced in April that it intended to wind down the policy.

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