Biden Administration Advises Supreme Court To End Title 42 One Week Later

By Jason Hall

December 21, 2022

Migrants wait on the Mexican bank of the Rio Grande in Ciudad Juarez
Photo: Getty Images

President Joe Biden's administration advised Supreme Court justices to reject an emergency bid from several GOP-led states to keep the Title 42 border restriction in effect amid ongoing legal challenges, but do so a week later than initially anticipated, CNN reports.

The administration specifically asked the court to delay the ending of Title 42 until at least December 27 as an influx of migrants are expected to cross the border ahead of the Christmas weekend.

The White House said states involved in the emergency bid -- led by Arizona -- don't have the legal right to challenge a federal district court opinion that vacated the program and ordered for it to be terminated, which was initially scheduled to take place before Wednesday (December 21).

Chief Justice John Roberts temporarily froze the deadline on Monday (December 19) and asked the Justice Department and the American Civil Liberties Union, which are both primarily involved, to weigh in on the decision.

The authority will remain in place until the Supreme Court issues an order, which can happen at any time as the court has no specific deadline to meet.

Title 42 has allowed U.S. border agents to turn away any migrants who have illegally crossed the southern border in adherence with COVID-19 prevention since it was implemented by former President Donald Trump's administration in March 2020.

The sudden delay comes as federal officials and border communities prepare for an expected spike in migrant arrivals over the coming days and through the holiday weekend.

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