Here’s what the Supreme Court’s decision on Title 42 means

The Supreme Court has punted a brewing debate over immigration policy until the spring with its decision to keep a Trump administration border measure in place that restricts the flow of migrants into the United States.

The court ruled on Tuesday that Title 42, which for the last two years allowed the government to expel migrants who might otherwise qualify for asylum because of the COVID-19 pandemic, must remain in place.

The decision is a win for Republican officials who opposed lifting the rule, and is a reprieve of sorts for the Biden administration, which had faced growing questions from lawmakers about whether it was prepared to handle the influx of migrants that was expected to follow the end of the rule.

Here’s what you need to know about the rule and how the Supreme Court’s decision will affect what’s happening at the southern border.

A Trump and pandemic-era rule

Title 42 was first implemented by the Trump administration during the onset of the pandemic in early 2020, allowing for the rapid expulsion of migrants at the southern border.

Officials in both the Trump and Biden administrations have described it as a public health measure, but immigration advocates have argued it is an immigration enforcement tool under the guise of a public health protocol that is keeping migrants fleeing violence and poverty from legally entering the

U.S.

Title 42 specifically allows the government to turn away on public health grounds migrants requesting asylum without giving them a hearing. In practice, it has been used against migrants from a number of countries who might have real grounds for asylum, including people from Cuba, Venezuela, Nicaragua and Haiti, among other countries.

The Biden administration sought to lift the policy, and it was set to do so on Dec. 21. But the Supreme Court issued a temporary stay on Dec. 19 to keep it in place. The court’s Tuesday ruling extends the stay at least until February, when it will hear arguments from 19 mostly Gopled states that oppose the lifting of Title 42.