Moderate Democrats have been at odds with Biden over Title 42, as they warn an influx of asylum-seekers could overwhelm the immigration system if the rule ends.
The Supreme Court gave President Joe Biden a break from Democratic criticism on immigration policy by allowing Title 42 to remain in place on Tuesday.
Title 42, a pandemic-era rule that allows authorities to send migrants back over the border without going through a formal asylum process, was first initiated by former President Donald Trump at the start of the COVID-19 pandemic to prevent the spread of the virus. But as other pandemic-related policies have waned, Title 42 has remained in place—dividing Democrats.
Moderates have found themselves at odds with the Biden administration over Title 42, as they warn an influx of asylum-seekers could overwhelm an already strained immigration system if the rule ends. Immigration advocates, however, say the rule was never intended as an immigration enforcement tool, is no longer needed as the pandemic winds down and violates the rights of asylum-seekers.
Democratic infighting has left Biden in a precarious situation over Title 42, as his administration called for its end earlier in December, sparking criticism from centrists and Republicans, who highlighted border security during the midterms.
The Supreme Court, just days before Title 42 was set to end, ruled in favor of keeping the policy in place Tuesday, potentially giving Biden a respite from an issue that has dogged his tenure thus far.
