Title 42 decision

Title 42 decision

The Supreme Court of the United States has voted to keep the Trump-era border restriction Title 42 in effect, preventing the Biden administration from lifting the policy.

#BREAKING: By a 5-4 vote (with Justice Gorsuch joining the more liberal Justices in dissent), #SCOTUS keeps Title 42 immigration policy *in effect*; agrees to decide later this Term whether 19 red states should be allowed to intervene in defense of the policy in the lower courts.
— Steve Vladeck (@steve_vladeck) December 27, 2022

The Supreme Court voted 5-4, in favor of keeping the immigration policy in effect. This comes after there was a temporary pause for the removal of the policy on December 21st.

Here’s the order: pic.twitter.com/Od9dWEtxDV
— Steve Vladeck (@steve_vladeck) December 27, 2022

In March of 2020, the policy was put into effect by former President Donald J. Trump to help lessen the spread of COVID-19 into the country. The policy gave border agents the authority to turn away migrants due to health concerns.

The policy was set to be lifted by the Biden administration after a judge gave an order for it to be removed. 19 Republican states had appealed to the Supreme Court to prevent the lifting of the policy due to the record numbers of migrant crossing they are currently experiencing along the southern border.

The Supreme Court had intervened and paused the lifting temporarily, siding with the Republican states who claimed that the Biden administration has no real border policy in place which they claim is causing the crossing migrants numbers to increase.

The policy will now remain in effect, and oral arguments from the states are to take place in February on whether or not they can intervene. A decision expected by the end of June.