Supreme Court: Trump-Era Border Expulsion Policy To Stay In-Effect

Title 42 is a public health law that started its modern use in March 2020 as a response to COVID-19 allowing migrants to be expelled to their home country without the request for asylum.

Supreme Court: Trump-Era Border Expulsion Policy To Stay In-Effect

The Supreme Court on Tuesday determined that a Trump-era border policy under Title 42 will remain in effect until justices can hear a challenge to a lower court’s determination that the pandemic-related harsher border policy must end. The policy was set to expire this month, and the Supreme Court’s decision places the Biden administration in an unusual limbo, unable to implement its own border policy, reports Camilo Montoya-Galvez reports for the New York Times.

Title 42 is a public health law that started its modern use in March 2020 as a response to COVID-19, allowing migrants to be more easily expelled to their home country even if eligible for asylum. The policy was set to expire on December 21. Nineteen Republican-led states brought the request to review Title 42 to the Supreme Court after a lower court decision found the policy unlawful. Arguments on the policy’s legality are scheduled for February 2023.