FederalImmigration & BorderIssuesU.S. Supreme Court Cancels Oral Argument in Title 42 Border Security Case

The Centers for Disease Control and Prevention tried to end the use of Title 42 last year, but that effort was quickly scuttled in the courts.
February 17, 2023
The U.S. Supreme Court canceled an oral argument set for March 1 in the lawsuit over the Title 42 expulsion procedures set forth at the beginning of the COVID-19 pandemic.

The federal government argued in court documents that the policy will soon be moot when the U.S. government’s pandemic emergency ends on May 11.

Rep. Brian Harrison (R-Midlothian) filed legislation to encode something similar to the Title 42 expulsion policy in state law. Gov. Greg Abbott even gave a nod to the legislation, saying during a radio interview that he supports it.

Title 42 has been the basis for millions of expulsions since the Trump administration implemented it in March 2020.

After a long trek through the federal court system, Chief Justice John Roberts issued an administrative stay of a federal judge’s decision requiring the end of Title 42 expulsions. However, the court placed that decision on hold pending an oral argument.

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The Centers for Disease Control and Prevention tried to terminate the order in May 2022, but attorneys general from Republican-led states successfully argued in federal court to have the termination blocked.

When word spread that Title 42 would likely end, the El Paso area dealt with a massive surge of illegal immigration, one of the consequences often cited by those who support the use of the policy. President Biden indicated in his State of the Union address that the concept of rapidly expelling illegal aliens would continue to be a tool used to deter “unlawful migration.”


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Hayden Sparks

Hayden Sparks is a senior reporter for The Texan and a lifelong resident of the Lone Star State. He has coached competitive speech and debate and has been involved in politics since a young age. One of Hayden's favorite quotes is by Sam Houston: "Texas has yet to learn submission to any oppression, come from what source it may."