The Supreme Court ordered the Trump-era Title 42 health policy kept in place Tuesday while a series of legal challenges play out — meaning it could be several months before the Biden administration is allowed to end the summary expulsion of migrants at the US-Mexico border.
Nineteen Republican-led states had challenged an order by a DC federal court judge that the policy be wound up by Dec. 21. Chief Justice John Roberts initially ordered a stay Dec. 19, leaving the parties in limbo over the Christmas holiday.
In February, the justices will hear arguments on whether the states had the right to challenge the initial order by Senior US District Judge Emmet Sullivan.
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