SCOTUS Blocks Biden Admin’s Termination Of Title 42 Indefinitely

On Tuesday, the Supreme Court voted to let Title 42, a Trump-era border security policy, remain in effect. The decision put a ruling from a lower court that would have ended the policy last week on hold. 

“The court voted 5-4 to grant an emergency request by 19 Republican state attorneys general who sought to intervene in defense of the policy,” NBC News reported. “The decision puts on hold a ruling by Washington-based U.S. District Judge Emmet Sullivan, who said the Centers for Disease Control and Prevention’s implementation of the policy was ‘arbitrary and capricious.’ Sullivan’s ruling had been due to go into effect last Wednesday.”

The outlet added, “The brief court order said that while the administration cannot set aside the Title 42 policy, the decision ‘does not prevent the federal government from taking any action with respect to that policy.’”

The Supreme Court agreed to hear arguments in February to then rule on whether states can intervene, with a decision set to be released by the end of June. The policy will remain in effect until that ruling is announced. 

The lawsuit to keep Title 42 in place was led by Arizona Attorney General Mark Brnovich. In a statement released last week, Brnovich explained, “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… Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.”