U.S. Supreme Court Temporarily Extends Trump-Era Title 42

On December 19, the U.S. Supreme Court temporarily extended Title 42, a public health order enacted in 2020. The public Health rule has impacted immigration as more than 1 million migrants were expelled since its enactment.

The Biden Administration has taken several measures to end Title 42. Indeed, the Public Health order was set to end on December 21. However, whether Title 42 should end or not has become a controversial topic.

On one hand, DC Federal District Judge Emmet Sullivan ruled Title 42 to be “arbitrary and capricious in violation of the Administrative Procedure Act.” Additionally, the Centers for Disease Control and Prevention (CDC) announced that it would terminate the order.

On the other hand, 19 states have asked the Supreme court to keep Title 42 in place. Such a request caused Chief Justice John Roberts to grant an administrative stay to maintain the measure in place. Also, in May, a Federal Judge in Louisiana blocked the ending of Title 42.

As of now, the U.S. will continue to extend Title 42 and expel migrants under the Public Health Order. Garvish Immigration Team will continue to monitor the result of the controversy of the order in the upcoming months.