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SCOTUS puts temporary hold on Title 42 after Arizona, other states request stay

The controversial policy was set to end Wednesday but will stay in place.

PHOENIX — The controversial immigration restriction known as Title 42 will stay in place after Chief Justice John Roberts on Monday put a temporary hold on lifting the policy that was set to end Wednesday. 

Roberts asked the Biden Administration to respond by 3 p.m., Arizona time Tuesday.

Arizona was one of several states that filed to extend Title 42, citing the potential surge in migrants crossing the border. 

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Last week, the D.C. Circuit Court of Appeals tossed a similar request, keeping the controversial policy on track to end Dec. 21.

Title 42, which is part of a 1944 public health law, was enacted during the COVID-19 pandemic, preventing scores of migrants from seeking shelter in the United States. Migrants have been denied rights to seek asylum under U.S. and international law 2.5 million times since March 2020 on grounds of preventing the spread of COVID-19. 

The policy was put in place under former President Donald Trump, and critics have argued that the restrictions were a pretext for restricting migration. 

A release from Arizona's Attorney General's Office focuses on the number of crossings at the border.

“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,” Brnovich said in the release. “Unlawful crossings are estimated to surge from 7,000 per day to as many as 18,000.” 

The application called for a stay pending certiorari, meaning that Title 42 would remain in place indefinitely until being further reviewed by courts.

You can find the full application below:

   

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