The Supreme Court agreed with a group of Republican states who requested that the Title 42 immigration policy be maintained until the court could hear the full arguments from the litigants.
The decision was issued Tuesday afternoon following a five-to-four vote, with Justice Neil Gorsuch siding with the liberal wing.
The lawsuit was filed by Republican attorneys general from 19 states, led by Texas, who were protesting the end of Trump administration policy on the grounds that it would result in a massive wave of illegal border crossings.
Title 42 has been dubbed the “Remain in Mexico” policy because it allows the US government to deport asylum seekers to Mexico rather than allowing them to remain in the US while their applications are processed. Critics claim that migrants whose applications are denied frequently disregard law enforcement orders and remain in the United States illegally.
According to illegal immigration advocates and others on the left, the policy is motivated by racism and xenophobia, causing asylum seekers undue distress while waiting in Mexico. They also argue that the order’s emergency basis, the coronavirus pandemic, is no longer a current threat that justifies the policy.
Gorsuch disagreed with the majority conservative ruling, arguing that Title 42 should be terminated as requested by the Biden administration because there is no longer a coronavirus pandemic in the United States.
“[T]he current border crisis is not a COVID crisis,” says one expert “In his dissent, Gorsuch wrote.
“Moreover, courts should not be in the business of perpetuating administrative edicts designed for one emergency solely because elected officials failed to address another,” he added. “We are a Court of Law, not last-resort policymakers.”
The court scheduled arguments in the case for February. In June, a final decision is expected.
Here’s more information on the decision:
