SCOTUS Grants Republican AGs Stay on Title 42 Immigration Authority

  • The U.S. Supreme Court granted a request from a group of 19 GOP AGs to extend Title 42 immigration authority that was set to expire December 21. The Title 42 restrictions were put in place by the Trump administration in March 2020 and allowed government officials to expel individuals who unlawfully entered the country to Mexico under the so-called “Remain in Mexico” program. In November, D.C. Circuit Court Judge Emmet Sullivan vacated Title 42, finding the policy was arbitrary and capricious.
  • According to the AGs’ application for a stay, there is a reasonable probability that the Court would grant certiorari on the issue and a fair prospect it would ultimately vote to reverse the D.C. Circuit’s decision finding Title 42 unlawful. They argue a stay is necessary because the states would be irreparably harmed by a huge influx of daily border crossings that would increase the states’ law enforcement, education, and healthcare costs.
  • Chief Justice John Roberts signed the order granting the application for an administrative stay.