Supreme Court temporarily halts termination of Title 42, will hear case in February

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DOJ admits temporary increase in illegal immigration expected once Title 42 ends

Fox News White House correspondent Peter Doocy reports that the border crisis is likely to get worse after the Republican-led amendment to extend Title 42 failed to make it to the omnibus bill before it was passed on 'Special Report.'

The Supreme Court temporarily halted the termination of Title 42 on Tuesday, allowing the Trump-era policy to remain in place until the justices hear a challenge from Republican-led states in February.

The policy, which was originally enacted at the outset of the coronavirus pandemic in March 2020, allows immigration officials to quickly expel migrants on public health grounds.

U.S. District Judge Emmet Sullivan sided with immigration advocates last month who argued that the policy is no longer necessary, setting an end date of Dec. 21. 

An aerial view of immigrants lining up next to the U.S.-Mexico border fence after spending the night outside on Dec. 22, 2022, in El Paso, Texas. (John Moore/Getty Images)

Chief Justice John Roberts put a temporary hold on Title 42's termination on Dec. 19.

STATE AGS WARN OF 'ENORMOUS' HARM IF TITLE 42 POLICY ENDS IN LAST-DITCH APPEAL TO SUPREME COURT

In Tuesday's 5-4 ruling, Justices Roberts, Samuel Alito, Brett Kavanaugh, Amy Coney Barrett and Clarence Thomas agreed to hear a challenge from Republican-led states during the February 2023 argu­ment session.

While the stay prevents the district court's order vacating Title 42, it does not "prevent the federal government from taking any action with respect to that policy."

Immigrants bundle up against the cold after spending the night camped alongside the U.S.-Mexico border fence on Dec. 22, 2022, in El Paso, Texas. (John Moore/Getty Images)

Justices Neil Gorsuch and Ketanji Brown Jackson dissented, while Sonia Sotomayor and Elena Kagan said they would also deny the application. 

MANCHIN URGES WHITE HOUSE TO KEEP TITLE 42 BORDER POLICY IN PLACE 

"Even the federal government acknowledges ‘that the end of the Title 42 orders will likely have disruptive consequences,’" Gorsuch wrote. 

"But the current border crisis is not a COVID crisis. And 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. We are a court of law, not policymak­ers of last resort."

Immigration is at the top of the ticket this November as a record number of illegal immigrants continue to cross the border.   (John Moore/Getty Images)

Title 42 has been used to deter migrants more than 2.5 million times. Despite that, a record 2.3 million migrants were encountered at the border in fiscal year 2022, according to Customs and Border Protection.

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White House Press Secretary Karine Jean-Pierre said that the Biden administration will "comply with the order and prepare for the Court’s review."

"At the same time, we are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration," Jean-Pierre said in a statement.