The Supreme Court on Monday halted the expiration of a Trump-era COVID-19 policy that has allowed Border Patrol to quickly expel illegal aliens from America.
The policy, known as Title 42, was set to expire Wednesday. On Nov. 15, a United States District Court ordered that the policy be repealed by Dec. 21, but the Supreme Court has placed a stay on the order.
“SCOTUS is putting the end of Title 42 enforcement on temporary hold,” Fox News’ Sandra Smith announced as the news broke around 5 p.m. Monday.
Customs and Border Protection agents can continue using their authority under Title 42 to turn asylum-seekers away at the border until the court issues a further ruling clarifying the law.
“BREAKING: U.S. Supreme Court Chief Justice Roberts has HALTED the lifting of Title 42 for now,” Texas Gov. Greg Abbott, a Republican, wrote on Twitter Monday.
“Texas and other states are insisting that the Court leave Title 42 in place,” Abbott said. “Today’s order is a step in that direction. This helps prevent illegal immigration.”
Republicans and Democrats expressed concerns over the expiration of Title 42 leading up to the Supreme Court’s Monday decision.
El Paso, Texas, Mayor Oscar Leeser, a Democrat, declared a state of emergency over the weekend, explaining the city may not have the resources to handle a surge of illegal aliens crossing the border.
“As we see the increase in asylum-seekers into our community, and we see the temperatures dropping and we know that Title 42 looks like it’s going to be called back on Wednesday, we felt it was the proper time today to call the state of emergency,” Leeser said during a press conference Saturday.
Leeser said he called the state of emergency because “our asylum-seekers are not safe, as we have hundreds and hundreds on the street and that’s not the way we want to treat people.”
A video Fox News’ Bill Melugin shared on Twitter Sunday shows an overcrowded Border Patrol processing center in El Paso. The post reads that Rep. Tony Gonzales, R-Texas, took the video Friday when “4,600 migrants were in federal custody,” adding that the center’s “capacity is only 1,040.”
“We know that the influx on Wednesday will be incredible,” Leeser said. He added that “federal partners” predict the number of illegal aliens seeking to cross the border could more than double once Title 42 is lifted.
New York City Mayor Eric Adams said on Sunday that the strain of illegal immigration on his city may lead to a disruption of public services.
“Our shelter system is full, and we are nearly out of money, staff, and space,” Adams said.
“Truth be told, if corrective measures are not taken soon, we may very well be forced to cut or curtail programs New Yorkers rely on, and the pathway to house thousands more is uncertain,” the New York City mayor added. “These are not choices we want to make, but they may become necessary, and I refuse to be forced to choose new arrivals over current New Yorkers. I’ll say it again—we need a plan, we need assistance, and we need it now.”
New York City Council Member Robert Holden, a Democrat, said on Fox 5 New York Monday that there is no room in New York City to house more migrants.
“There’s just no place to put them,” Holden said of the migrants. “And our homeless situation, our shelters are bursting at the seams, like I said, this is a critical situation.” He added that “the president must use his executive powers to extend Title 42. It’s as simple as that.”
Sen. Joe Manchin, D-W.Va., said on CBS’ “Face the Nation” Sunday that he thought President Joe Biden may try to extend Title 42.
“The president needs to use every bit of power he has as an executive to find a way or ask for an extension,” Manchin said. “The president can basically, I think, ask for that extension. I think his administration is doing that or will do that. I sure hope they do. But we need an extension until we can get a viable answer for this.”
Rep. Jim Jordan, R-Ohio, wrote on Twitter Monday that Title 42 is “the last line of defense to combat rampant illegal immigration. And what are Democrats in the House doing today to stop it from ending? Nothing.”
Customs and Border Protection reports over 2 million encounters with illegal aliens at the border in fiscal year 2022, which ended Sept. 30. In October, Border Patrol encountered 230,678 illegal aliens at the southern border, an increase of more than 65,000 from last October. Border Patrol has not yet released the number of encounters for November.
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