Roberts halts Title 42 lift as states file last-ditch Supreme Court appeal

Supreme Court Chief Justice John Roberts temporarily halted Wednesday’s planned lifting of the Trump-era Title 42 health program Monday after more than a dozen Republican-led states filed an emergency application to the high court. 

Roberts gave the Department of Homeland Security until 5 p.m. Tuesday to respond to the appeal by 19 Republican attorneys general and stayed a federal court ruling from last month that ordered the program wrapped up on Dec. 21.

Once the administration’s response is filed, Roberts can deny the states’ application on his own, or — more likely — refer the matter to the full court for consideration.

Title 42, established at the onset of the COVID-19 pandemic, allows border officials to automatically refuse entry to migrants who may have been infected by the deadly virus. ​

Under the policy, law enforcement officials have removed approximately 2.5 million illegal border-crossers apprehended at the US-Mexico frontier, according to government statistics. ​