FederalImmigration & BorderIssuesJudicialChief Justice John Roberts Stays Decision Ending Title 42 Illegal Immigrant Expulsions

Austin, TX, December 19, 2022 — The expulsion of illegal aliens using the Title 42 public health order implemented during the Trump administration will continue after the U.S. Supreme Court blocked federal Judge Emmet Sullivan’s order to terminate the policy.

Chief Justice John Roberts granted an administrative stay of Sullivan’s order, which required the Biden administration to end the policy on Wednesday, December 21. Roberts published his decision on Monday afternoon and requested a response by 5:00 p.m. on Tuesday, December 20. Consequently, the enforcement of Title 42 will continue until Roberts or the Supreme Court gives further direction.

Gov. Greg Abbott reacted to the decision on social media: “BREAKING: U.S. Supreme Court Chief Justice Roberts has HALTED the lifting of Title 42 for now. Texas and other states are insisting that the Court leave Title 42 in place. Today’s order is a step in that direction. This helps prevent illegal immigration.”

Attorney General Ken Paxton also celebrated the temporary victory: “Earlier today, I filed a motion before SCOTUS asking to halt the Biden’s scrapping of Title 42. Just now, SCOTUS returned a decision in our favor. The fight to keep Title 42 in place continues. I will continue to do everything I can in court to ensure our border is secure.”

Previously, a panel of appellate judges in Washington, D.C. upheld Sullivan’s decision. Paxton and other attorneys general urged the Supreme Court to intervene.

Abbott told ABC News on Sunday that there would be “total chaos” on the southern border if Title 42 ended. The City of El Paso declared a state of disaster on Saturday as thousands of illegal immigrants crossed the border without authorization.