US Supreme Court Chief Justice John Roberts temporarily halted the expiration of Title 42, scheduled to stay on Wednesday, after 19 states filed an appeal.
The policy known as Title 42 began in 2020 under the Trump presidency, during the early days of the COVID-19 pandemic. Since then it has been used to remove migrants from the southern border more than 2.4 million times for public health reasons.
Roberts’ brief order did not discuss the merits of the case. The administrative stay gives judges enough time to consider the states’ appeal in light of the looming deadline for Title 42 to end.
Several states had asked the Supreme Court to step in and uphold Title 42, arguing that failure to do so “will cause a crisis of unprecedented proportions at the border.”
“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe occurring at our southern border,” Arizona Attorney General Mark Brnovich said in a statement. “It is estimated that illegal crossings will increase from 7,000 per day to 18,000.”
Due to the expedited nature of removals, which often take place within hours, access to asylum and other humanitarian protections is severely restricted.
The mayor of El Paso, Texas, declares a state of emergency due to the influx of migrants
The American Civil Liberties Union and other immigrant advocates have been waging a legal battle against the order, claiming it violates federal and international law.
In Monday’s stay request, the mostly Republican-led states argued that lifting Title 42 will create an influx of unauthorized immigrants who will unduly burden government services like law enforcement, education and health care. .
Border Patrol recorded a record 2.2 million apprehensions along the southern border last fiscal year. Meanwhile, the Biden administration removed 1.4 million people under Title 42 and under the standard immigration authority, so-called Title 8.
The states also contended that the federal government is trying to have it both ways in the controversial policy, what the states call “collusion and adversarial,” because the government first defended Title 42, then switched sides and supported the court’s decision. bottom to cancel it.
White House press secretary Karine Jean-Pierre said Monday, ahead of the temporary suspension, that the administration was preparing to end Title 42 protocols, as mandated by law.