By Laura Jarrett and Dareh Gregorian -
NBC News
The Supreme Court withdrew from its oral argument schedule the case related to Title 42, the controversial health policy of the Donald Trump Administration used to expressly expel asylum seekers to Mexico at the southern border.
The judges were scheduled to hear
oral arguments for and against
Title 42 on March 1 to make a final decision on its permanence.
The highest court did not explain the reasons behind the change, but earlier this month the Justice Department told its judges that hearing the case might be irrelevant given the COVID-19 public health emergency on which it was based. the policy is scheduled to expire on May 11.
[The end of the national emergency for COVID-19 may mean the abrupt termination of Title 42 at the border]
The Court accepted in December – with five votes in favor and four against – an urgent request presented by 19 attorneys general from Republican states to keep the rule standing.
The magistrates' decision halted a previous ruling by Washington-based District Judge Emmet Sullivan, who had ruled that Title 42's continuance was “arbitrary and capricious” and should end.
It is not clear what will happen with the Supreme Court ruling issued in December
,
because although the case is no longer on the calendar, technically it is still pending resolution.
They foresee an increase in the cost of immigration procedures such as obtaining citizenship and residence
Feb 15, 202300:39
Officials from several border states expressed concern that the end of Title 42 could lead to an additional surge of people trying to enter the United States, at a time when border crossings are already high.
Without Title 42, asylum seekers would be able to enter the country and undergo credible fear interviews before an immigration court decides whether to let them stay.
[What does the Supreme Court decision on Title 42 mean for migrants?]
The Border Patrol reported a 42% drop in January
in encounters with migrants at the southern border compared to the previous month.
This is the lowest number since February 2021.
Immigrants walk along the US-Mexico border barrier on December 30, 2022 in Yuma, Arizona.VCG/VCG via Getty Images
Title 42, which went into effect under the Donald Trump Administration at the start of the COVID-19 pandemic, has been criticized by immigrant rights advocates, who have called the health rule inhumane.
White House press secretary Karine Jean-Pierre said in a December statement that the Joe Biden Administration would comply with the Supreme Court order as we “advance our preparations to manage the border in a safe, orderly and humane manner when Title 42 is finally lifted and we will continue to expand legal avenues for immigration."
“Title 42 is a public health measure, not an immigration law measure, and it should not be extended indefinitely,” he added.