There is a new update on Dec 19, 2022, 07:04pmEST.

Supreme Court Chief Justice John Roberts issued an order Monday temporarily blocking the end of the Title 42 border policy allowing for the swift expulsion of asylum seekers from the US, delivering a win for conservatives who argue lifting the policy will lead to migrants flooding an already overwhelmed southern border.

MEXICO-US-BORDER-PRAYER

A girl from Anapra, a neighborhood on the outskirts of Ciudad Juarez in Mexico, touches hands with a man. The photo was taken by HerIKA MARTINEZ.

AFP via Getty Images

The administration was given until 5 pm by Roberts. The policy is scheduled to expire on Wednesday.

Title 42 was struck down by a federal district court judge because he said it was unconstitutional.

The attorneys general of 19 Republican states appealed to the Supreme Court after a circuit court threw out their case.

The merits of the case were not decided Monday.

The White House did not reply immediately.

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Title 42 has been used for immigration control by federal authorities despite the president's opposition. According to the Wall Street Journal, the White House is trying to come up with a new policy to deter immigration when Title 42 ends in a few years.

Title 42 was enacted by the CDC in March 2020 to combat the spread of Covid-19, but the Trump Administration kept the policy in place even after all other major Covid restrictions were lifted. Critics argued that Covid had nothing to do with keeping Title 42 in place to kick out asylum seekers. The White House announced plans to end Title 42 in April after President Joe Biden promised during his 2020 campaign. Title 42 is still being enforced by border authorities as they fight a historic surge of migration. A new record was set by the Border Patrol in the past year. Within hours of arriving in the U.S., most asylum seekers are allowed to be deported.

The judge ended the policy used to expel migrants.

There are record levels of migrants at the southern border.