A Trump-era pandemic health rule known as Title 42 will remain in effect after a Supreme Court ruling on Tuesday, allowing the U.S. to turn away migrants on public health grounds without providing them a hearing. 

What You Need To Know

  • A Trump and pandemic-era rule known as Title 42 will remain in effect after the Supreme Court's ruling on Tuesday

  •  It allows the U.S. to turn away migrants on public health grounds without providing them a hearing

  • This decision could have lasting consequences as the courts and lawmakers weigh in

  • The decision could mean migrants will continue to wait in often dire conditions along the border

This decision could have lasting consequences as courts and lawmakers continue to weigh in. 

Images of people sleeping and waiting in cold conditions along the U.S.-Mexico border have become commonplace – and now their waits could be extended.

The Trump-era policy was put in place due to the COVID pandemic and has since been used to expel migrants over 2.5 million times, a number that includes individuals who have repeatedly been caught while trying to cross the border.

Despite the Centers for Disease Control and Prevention trying to end the policy in April, it will for now remain in effect after a dizzying back-and-forth journey in the courts.

A federal judge in November had given the federal government until Dec. 21 to end the use of Title 42 authority to expel migrants, which led a coalition of Republican-governed states to file lawsuits to keep the ordinance in place.

"The recent decisions from the lower courts had seemed clear, well reasoned, balanced. So the expectation was that Title 42 was going to come to a close this month," said Denise Gilman, the co-director at the University of Texas School of Law Immigration Clinic. 

The Supreme Court last week issued a temporary stay to keep Title 42 provisions in place as it examined arguments from both sides. On Tuesday, the court said it will take up the case in February with a decision not likely until spring.

Republicans argue if Title 42 is lifted it will overwhelm border cities as migrants continue to arrive requesting asylum. Conservative Justice Neil Gorsuch sided with the liberal wing of the court in his dissent saying Title 42 is not the way to fix the border.

"The current border crisis is not a COVID crisis. And we are a court of law, not policymakers of last resort," Gorsuch said. 

The decision could mean migrants will continue to wait in often dire conditions along the border.

"These are individuals who are fleeing extremely grave human rights situations in their home countries and so they really can't return home," Gilman told Spectrum News. 

While President Joe Biden says Title 42 should be lifted, he also says Congress needs to pass immigration reform. But that's something it has failed to do for years.

"Clearly we need to think outside the box. We need different ideas and solutions to the problem that we are dealing with on our southern border," said Rep. Vicente Gonzalez, D-Texas.

With a divided Congress set to be sworn in next week, that could prove difficult.