The Supreme Court has ruled that the border restriction known as Title 42, implemented during the Trump administration, will remain in effect while legal challenges are ongoing.
The decision, made by a 5-4 majority, allows federal officials to continue expelling migrants at US borders for the foreseeable future.
The decision was welcomed by Republican-led states that had appealed to the Supreme Court to overturn a lower court’s ruling to end the authority.
The Biden administration had already prepared for the possibility of the authority being terminated and put measures in place to prevent confusion and potential increases in migrant numbers at the border.
The court also agreed to hear the state’s appeal during its argument session beginning in February 2023.
Justices Sonia Sotomayor and Elena Kagan dissented without explanation, while Neil Gorsuch, joined by Ketanji Brown Jackson, explained his dissent in an order.
Gorsuch stated that while he recognizes the states’ concerns about border security, “the current border crisis is not a Covid crisis” and “courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency.”
“We are a court of law, not policymakers of last resort,” said Gorsuch.
Title 42, implemented in March 2020, allows border agents to immediately turn away migrants crossing the southern border in the interest of Covid-19 prevention.
