Title 42 decision - Long Island, NY

A man walks up the steps of the U.S. Supreme Court on January 31, 2017 in Washington, DC. Later today President Donald Trump is expected to announce his Supreme Court nominee to replace Associate Justice Antonin Scalia who passed away last year. (Photo by Mark Wilson/Getty Images)

OAN Newsroom
UPDATED 2:00 PM PT – Tuesday, December 27, 2022

SCOTUS has voted to keep Title 42 in effect, preventing the Biden administration from lifting the policy.

#BREAKING: By a 5-4 vote (with Justice Gorsuch joining the more liberal Justices in dissent), #SCOTUS keeps Title 42 immigration policy *in effect*; agrees to decide later this Term whether 19 red states should be allowed to intervene in defense of the policy in the lower courts.

— Steve Vladeck (@steve_vladeck) December 27, 2022

The Supreme Court has voted 5-4, in favor of keeping the immigration policy in effect. This comes after there was a temporary pause for the removal of the policy on December 21^st.

In March of 2020, the policy was placed in effect by former President Donald Trump to help lessen the spread of COVID into the country. It gave border agents the authority to turn away migrants at the border due to health concerns.

The policy was set to be lifted by the Biden administration after a judge had given the order for it to be removed. 19 Republican states had appealed to the Supreme Court to prevent the lifting of the policy due to the record numbers of migrant crossing that they are seeing along the southern border.

The Supreme Court had intervened and paused the lifting temporarily siding with the Republican states, who claimed that the Biden administration has no real border policy in place, and that crossing migrants numbers will only continue to increase.

The policy will now remain in effect, and oral arguments from the states are to take place in February on whether they can intervene. A decision expected by the end of June.

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