The Supreme Court decided on Tuesday to maintain Title 42, after the Government and groups that oppose this policy defended their positions.
Chief Justice John Roberts had given them until December 20 to present their written arguments in response to requests from 19 Republican states that the measure stay indefinitely.
Title 42, which allows the majority of asylum seekers to be expelled at the border hiding behind the coronavirus pandemic, was activated by former President Donald Trump in March 2020.
Biden kept it after his arrival at the White House in January 2021, despite pressure from within the Democratic Party, since the CDC determined in April that it was no longer necessary to stop the coronavirus thanks to the advancement of vaccines.
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In its arguments, the Government assured that it did not agree with keeping Title 42 in force, but asked the highest court to wait after Christmas to annul it.
Migrants wait to enter the shelter at the Sacred Heart Church near the US-Mexico border.Bloomberg / Bloomberg via Getty Images
Under this rule, more than 2.4 million migrants have been expelled since 2020. The group of states governed by the Republican Party asserted that it was necessary, based on the unprecedented arrival of asylum seekers at the southern border, which has overflowing shelters .
The 19 states also asked the Supreme Court to decide whether they have jurisdiction to challenge before the courts decisions and policies of the federal government that affect their territories and populations.
The American Civil Liberties Union (ACLU) went to court to demand an end to Title 42, alleging that it
puts migrants in danger across the border and violates US asylum law
.
Emmet Sullivan, district judge of Washington, DC, agreed with him on November 15 and ordered the Government to end Title 42, giving him until December 21.
