A Trump-era immigration policy has gained new life, as the Supreme Court is allowing the policy to continue for now, despite pushback from the Biden administration.

“Title 42” is a reference to a public health order issued by the Trump administration’s Department of Health and Human Services in March of 2020. The order allows customs officials to send illegal border-crossers from “COVID-19 impacted” areas back across the border without having to process them through the federal court system.

The program was set to expire on December 21. A legal challenge led by a 19-state coalition—including Texas—led Chief Justice John Roberts to issue an administrative stay just a couple of days before it was set to expire, however.

Now, the Court has issued another stay until February 2023, when oral arguments will take place. The vote was 5-4, with Justice Neil Gorsuch siding with the liberals on the Court.

The order comes amid record illegal crossings at Texas’ southern border and growing concern over the effect of the policy’s expiration on another surge of illegal immigration.

Brandon Waltens

Brandon serves as the Senior Editor for Texas Scorecard. After managing successful campaigns for top conservative legislators and serving as a Chief of Staff in the Texas Capitol, Brandon moved outside the dome in order to shine a spotlight on conservative victories and establishment corruption in Austin. @bwaltens