On Tuesday, the Supreme Court issued a ruling that the Biden administration must continue to allow the expulsion of migrants under Title 42, a program that permits Customs and Border Protection agents to expel migrants without the usual legal review to Mexico or to their home countries to prevent the spread of COVID-19 in holding facilities. Associate Justices Sonia Sotomayor and Elena Kagan would have denied the emergency request from 19 states to maintain the policy, while Associate Justice Neil Gorsuch dissented. White House press secretary Karine Jean-Pierre stated that the Biden administration would comply with the ruling and will continue expanding legal pathways for immigration.
The heated debate over Title 42 has been ongoing since April when the Biden administration announced its intention to wind down the program. Last week, two amendments that would have extended the policy failed to pass in the Senate. President Biden will travel to Mexico next month for the North American Leaders' Summit and it is uncertain how the situation on the border will be addressed. With the Supreme Court's ruling, the Biden administration is mandated to continue the Title 42 policy while the legal wrangling continues, creating a potential humanitarian crisis on both sides of the border.