Supreme Court Announces Decision On Title 42 Border Restriction

Migrants wait on the Mexican bank of the Rio Grande in Ciudad Juarez

Photo: Getty Images

The Title 42 border restriction will remain in effect while legal challenges continue to play out, the Supreme Court announced Tuesday (December 27) afternoon via CNN.

The 5-4 order will allow federal officials to continue to turn away any migrants who have illegally crossed the southern border in adherence with COVID-19 prevention since it was implemented by former President Donald Trump's administration in March 2020.

Last week, President Joe Biden's administration advised Supreme Court justices to reject an emergency bid from several GOP-led states to keep the Title 42 border restriction in effect amid ongoing legal challenges, but do so a week later than initially anticipated, CNN reported.

The administration specifically asked the court to delay the ending of Title 42 until at least December 27 as an influx of migrants was expected to cross the border ahead of the Christmas weekend.

The White House said states involved in the emergency bid -- led by Arizona -- don't have the legal right to challenge a federal district court opinion that vacated the program and ordered for it to be terminated, which was initially scheduled to take place prior to last Wednesday (December 21).

Chief Justice John Roberts temporarily froze the deadline last Monday (December 19) and asked the Justice Department and the American Civil Liberties Union, which are both primarily involved, to weigh in on the decision.


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