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The U.S. Supreme Court on Tuesday left in place for now a pandemic-era policy allowing U.S. officials to rapidly expel migrants caught at the U.S.-Mexico border.
In a 5-4 vote, the court granted a request by Republican state attorneys general to put on hold a judge’s decision invalidating the emergency public health order known as Title 42.
The 19 states argue lifting the policy could lead to an increase in already-record border crossings and strain resources of the states where migrants end up. The court said it would hear arguments on whether the states could intervene to defend Title 42 in its February session.
A ruling is expected by the end of June.
President Joe Biden said the U.S. government would have to enforce the order until the matter was resolved.
“But I think it’s overdue,” he said.
Chief Justice John Roberts, a member of the court’s 6-3 conservative majority, on Dec. 19 issued a temporary administrative stay maintaining Title 42 while the court considered whether to keep the policy for longer. Prior to his order, it had been set to expire on Dec. 21.
Conservative Justice Neil Gorsuch joined with the court’s liberal members – Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – in dissenting, calling Tuesday’s order “unwise.”
He questioned why the court was rushing to hear a dispute on “emergency decrees that have outlived their shelf life,” and said the only plausible reason was because the states contended Title 42 would help mitigate against an “immigration crisis.
