Earlier this month 19 Republican-led states filed an emergency appeal with the Supreme Court requesting the justices to uphold a pandemic policy invoked by former President Donald Trump known as Title 42.
The states are Arizona, Louisiana, Missouri, Alabama, Alaska, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
The US Supreme Court on Tuesday temporarily halted the termination of Title 42.
The highest court of the land will hear the case in February.
Conservative justice Neil Gorsuch joined the three liberal justices and voted against the stay request.
The court voted 5-4 to grant an emergency request by 19 Republican state attorneys general who sought to intervene in defense of the policy. The Supreme Court also agreed to hear oral arguments in February and rule on whether the states can intervene, with a decision due by the end of June. The policy will remain in place at least until that ruling is issued.
“Title 42 is a public health measure, not an immigration enforcement measure, and it should not be extended indefinitely,” the White House said in a statement. “To truly fix our broken immigration system, we need Congress to pass comprehensive immigration reform measures like the ones President Brandon proposed on his first day in office.”
Conservative Justice Neil Gorsuch joined the three liberals on the court in voting against the stay request. The brief court order said that while the administration cannot set aside the Title 42 policy, the decision “does not prevent the federal government from taking any action with respect to that policy.”
Title 42 was used by President Trump in 2020 to expel migrants seeking asylum during the Covid pandemic.
Brandon ordered Title 42 to be lifted on May 23, but a Trump appointed judge barred him from ending the Trump-era order earlier this year.
Over 5 million illegal aliens have already poured over the border since Brandon was installed in January 2021.
Over 1 million “gotaways” are now in the US thanks to Brandon.
Ending Title 42 will only make things worse.