BREAKING: SCOTUS Places Temporary Hold on Lifting of Title 42

AP Photo/Patrick Semansky, File

As RedState has been reporting, Title 42 is set to expire on Wednesday. The provision, invoked during the Trump administration, allowed for the swift expulsion of immigrants at the border due to the COVID-19 pandemic. Thousands of immigrants have been amassing at the US border and even entering the interior in anticipation of its expiration, prompting the Mayor of El Paso to declare a state of emergency.


Several states appealed to the US Supreme Court in a last-ditch effort to halt the lifting of the provision. Late Monday afternoon, the Court placed a temporary hold on the matter. Texas Governor Greg Abbott announced the Court’s action on Twitter:

The brief Order, signed by Chief Justice John Roberts, places a stay on the November 15, 2022 Order issued by the U.S. District Court for the District of Columbia:

UPON CONSIDERATION of the application of counsel for the applicants,

IT IS ORDERED that the November 15, 2022 order of the United States District Court for the District of Columbia, case No. 1:21-cv-00100, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, December 20, 2022, by 5 p.m. (EST).

Per NBC:

[Chief Justice] Roberts ordered that the federal district court ruling, which was due to go into effect on Wednesday, be put on hold until the Supreme Court acts. He asked the Biden administration and groups challenging the policy to file a response to the states’ request by Tuesday afternoon.

Nineteen states led by Arizona and Louisiana filed an emergency request after the U.S. Court of Appeals for the District of Columbia Circuit last week rejected their request to intervene in the case in a bid to prevent the policy, known as Title 42, being wound down.

“Getting rid of Title 42 will recklessly and needlessly endanger more Americans and migrants by exacerbating the catastrophe that is occurring at our southern border,” Arizona Attorney General Mark Brnovich said in a statement.


Per the Order, a response is due Tuesday afternoon.

Obviously, this is a continuing story and we will provide updates as they become available.



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