WASHINGTON (Fwrd Axis) — The Supreme Court on Tuesday allowed the Trump-era immigration policy, known as Title 42, to remain in place, putting a judge’s ruling to end it on hold.
The Court voted 5-4 in favor of the emergency request by 19 Republican state attorneys general to uphold the policy. Justice Neil Gorsuch joined the three Democrats in voting against the stay request.
“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,” Gorsuch wrote.
The Supreme Court also agreed to hear arguments and rule on whether the states can intervene by the end of June.
The decision comes as Republicans sharpen their attacks on President Joe Biden’s administration for the number of people crossing the southern border. Democrats, including Sen Joe Manchin and California governor Gavin Newsom, expressed support for it being kept in place.
“The Supreme Court’s order today keeps the current Title 42 policy in place while the Court reviews the matter in 2023. We will, of course, comply with the order and prepare for the Court’s review,” White House press secretary Karine Jean-Pierre said in a statement.
The states had argued that the Biden administration had “abandoned meaningful defense” of the rule. This comes after a previous attempt by the administration had been blocked by a federal judge.
“The government in no way seeks to minimize the seriousness of that problem. But the solution to that immigration problem cannot be to extend indefinitely a public-health measure that all now acknowledge has outlived its public-health justification,” Prelogar wrote.
Title 42 allows the federal government power to take emergency action to keep diseases out of the country. Former President Donald Trump put the policy in place when coronavirus pandemic broke out in March 2020, and it has remained in effect during the Biden administration.
