The Rio Grande river flowing through a canyon, marking the border of Texas and Mexico

“... the Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.”

The Department of Homeland Security in a statement following the Supreme Court's decision to extend the use of Title 42 on the border. The measure has been used to expel migrants more than 2.4 million times since implemented in 2020.

Published on

dec 20, 2022

Context: Encounters of people attempting entry along the U.S. southern border have reached record-highs over the past two years. Last fiscal year (Oct. - Sept.), the government recorded more than 2.3M encounters – the most ever recorded. The influx of people attempting entry for a variety of reasons has overwhelmed border officials and cities, as well as NGOs which provide assistance to people once they have entered the U.S.

Why It Matters: There has been debate on the use of Title 42 – a provision that allows the government to quickly expel people attempting entry along the southern border due to public health safety. It was set to expire on Wednesday but Supreme Court Chief Justice John Roberts temporarily blocked the Biden Administration's motion to end the provision after 19 states, including Texas and Arizona, filed an emergency appeal. Many expect a surge of people attempting entry along the southern border once this policy is lifted.

Chief Justice Roberts pauses lifting of Title 42, keeping migrant policy in place for now (USA Today)

U.S. Supreme Court extends border restrictions just before they were set to end (NPR)

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