Enacted during the pandemic, the controversial Title 42 policy is often used to expel undocumented migrants to their home country or to Mexico within hours.
by 19 Republican state attorneys general, led by Arizona, who last Monday asked the justices to keep in place the almost three-year-old policy known as Title 42 to help prevent a"crisis of unprecedented proportions at the border" upon its expiration.
The decision, backed by all conservative judges except Justice Neil Gorsuch, indefinitely delays a ruling by a federal district court judge who last month struck down Title 42, which is often used to expel undocumented migrants to their home country or to Mexico within hours—calling it an “arbitrary and capricious” rule that violates federal law.
The judge's ruling was set to take effect last Wednesday but was delayed after Chief Justice John Roberts temporarily put the brakes on lifting the controversial Title 42 border policy following the attorneys general petition. On Tuesday, the Supreme Court agreed to hear oral arguments on Title 42 in February and is expected to rule on the matter by the end of June.The Centers for Disease Control and Prevention enacted Title 42 under former president Donald Trump in March 2020 to help mitigate the spread of Covid-19, and the Trump Administration kept the policy in place even after ending most other major Covid restrictions.
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