The Supreme Court on Tuesday blocked the lifting of Title 42 limits, forcing the Biden administration to leave in place the federal directive that has prevented the entry of millions of asylum-seeking migrants at the southern border.
The high court’s action spares the Biden administration from a court-ordered winding down of the policy, as both Republicans and Democrats warned that the U.S. wasn’t prepared to handle the impending influx of migrants who had been gathering along the U.S.-Mexico border. Administration officials have favored ending the public-health-based limits, but have scrambled to finalize plans to deal with the anticipated surge. They have also been weighing policies to further restrict the number of migrants eligible for asylum in the U.S.
The Supreme Court acted on a 5-4 vote, with the court’s three liberals and conservative justice Neil Gorsuch dissenting. The ruling came in response to an emergency application filed last week by a group of GOP-led states wanting to keep in place the Title 42 order, which was implemented at the beginning of the Covid pandemic and has been used more than 2 million times to expel migrants on public health grounds during both the Trump and Biden administrations. The group’s request followed its failed plea with the D.C. Circuit Court of Appeals earlier this month to stop the policy from being lifted.
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