US Supreme Court temporarily pauses lifting Title 42 border restrictions this week

The Supreme Court has delayed lifting Title 42 for 24 hours, after Republicans lobbied to keep the pandemic-era border policy in place.

The law, invoked by Donald Trump in March 2020, allows the United States to force new migrants to turn back to where they come from, without the usual asylum procedures. Used for the first time since 1929, Trump said it was to stop the spread of COVID: it also served to decrease the numbers of people attempting to cross into the U.S. illegally.

The Biden administration has for 10 months been trying to lift Title 42, but has been repeatedly blocked by the courts.

On Monday, John Roberts, the Chief Justice of the Supreme Court, again stopped the rescinding of Title 42 – which had been due to happen shortly before midnight on Tuesday.

Roberts, responding to a Republican request for the law to remain in place, said more time was needed, and gave the Biden administration until 5pm on Tuesday to file their response. 

Migrants are seen on Monday running towards a border patrol checkpoint in El Paso

‘We just filed an emergency stay application, asking the U.S. Supreme Court to keep Title 42 in place,’ said Mark Brnovich, attorney general of Arizona. 

‘Getting rid of Title 42 will recklessly endanger more Americans & migrants by exacerbating the catastrophe that is occurring at our border.’

Homeland Security Secretary Alejandro Mayorkas on April 1 announced that the law would be repealed on May 23, but a Louisiana court blocked the lifting of the law.