Supreme Court Republican Judges Leave Title 42 in Place

 Migrant Expulsion Policy Must Stay in Place for Now, Supreme Court Says. NYT.

The temporary stay in lifting the pandemic rule known as Title 42 is a provisional victory for 19 states, led mostly by Republicans, that had sought to keep it in place on the border.

WASHINGTON — The Supreme Court said on Tuesday that a pandemic-era health measure that restricted migration at the southern border would remain in place for the time being, delaying the potential for a huge increase in unlawful crossings.

In a brief unsigned order, the justices halted a trial judge’s ruling that would have lifted the measure, known as Title 42, which has allowed even migrants who might otherwise qualify for asylum to be swiftly expelled at the border.

The court said that it would hear arguments in the case in February and that the stay would remain in place pending a ruling. The justices said they would address only the question of whether the 19 mainly Republican-led states that had sought the stay could pursue their challenge to the measure.

Justices Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch and Ketanji Brown Jackson dissented.

The White House indicated that it would comply with the Supreme Court’s order and prepare for its review. “At the same time, we are advancing our preparations to manage the border in a secure, orderly and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration,” Karine Jean-Pierre, the White House press secretary, said. 

Note: Title 42 was established because the Trump Administration said there was a health crisis at the border. Covid.