Chief Justice John Roberts temporarily halted the expiration of Title 42 on Monday after 19 states filed an appeal. The merits of the case were not covered in Roberts’ short order. Given the approaching deadline for the termination of Title 42, the administrative stay allows the justices adequate time to hear the states’ appeal. President Donald Trump implemented the policy known as Title 42 during the early stages of the COVID-19 outbreak, which has since been utilized more than 2.4 million times to eject migrants from the southern border due to public health concerns.
ABC News reports that the states asked the Supreme Court to keep Title 42 in place, arguing that not doing so “will cause a crisis of unprecedented proportions at the border.” Arizona Attorney General Mark Brnovich said, “Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border. Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.”
The states, primarily governed by Republicans, contend that eliminating Title 42 will result in an inflow of undocumented immigrants who will disproportionately strain public services, including law enforcement, education, and healthcare. This last fiscal year, the Border Patrol apprehended a record 2.2 million people along the southern border. However, Title 42 and Title 8, the customary immigration law, were both used by the Biden administration to deport 1.4 million illegal immigrants.