U.S. Supreme Court issues temporary stay to keep Title 42 in effect, arguments pending

The U.S. Supreme Court on Tuesday announced that the immigration policy Title 42 will remain in effect until arguments are heard next year, despite expectations it would expire on Dec. 21.

Title 42 went into effect during President Donald Trump's administration to help border officials quickly remove asylum seekers at the border to prevent the further spread of the COVID-19 pandemic. 

The Biden administration has tried unsuccessfully to repeal it. However, 19 states filed a lawsuit to prevent its termination due to the serious immigration crisis the nation is facing, in which a record number of undocumented migrants crossing the border. 

The Supreme Court's decision was made with 5 justices in favor and 4 against, with conservative Justice Neil Gorsuch joining 3 liberals. This decision temporarily accepts the request of the Republican governors of 19 states hit by the wave of immigrants, who claim they would be overwhelmed with an open border without Title 42.

The decision puts on hold a ruling by U.S. District Judge Emmet Sullivan in Washington, who said the decision to uphold Title 42 was "arbitrary and capricious."

The measure is to be implemented immediately with no appeal, albeit with exceptions such as for unaccompanied minors.

The Supreme Court will hear oral arguments and decide whether the states may intervene. A decision is expected by the end of June.