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Supreme Court hits pause on expiration of Title 42

Supreme Court
(AP Photo/J. Scott Applewhite)

(WASHINGTON D.C.) — The U.S. Supreme Court has temporarily blocked President Biden’s order to lift Title 42, which mandates that migrants remain in Mexico while waiting for asylum. The pandemic-era health policy has successfully deterred migrants more than 2.5 million times.

The order Monday by Chief Justice John Roberts comes as cities along the U.S.-Mexico border have been scrambling to prepare for an expected influx of migrants in anticipation of Title 42’s end.

In Monday’s filing, Roberts ordered the Biden administration to respond on the matter by 5 p.m. EST on Tuesday.

In 2021, the Supreme Court ordered the Biden administration to keep implementing the so-called “Remain in Mexico” program.

Nearly a year later, the court made a final ruling that Remain in Mexico — officially known as the Migrant Protection Protocols — could be legally rescinded.

The court’s action on Title 42 was largely expected, since it keeps in place a policy that’s been framed as essential to border security.