The Biden administration has repeatedly attempted to end Title 42, a pandemic-era order that makes allows for the expedited removal of illegal immigrants from the interior of the United States.

While its possible that he will be able to do so eventually, his attempts have so far been delayed by lawsuits from Republican Attorney Generals and border security advocates.

The legal battle to end Title 42 made its way to the Supreme Court this week as they deliberated on if they would take up the issue during their February term.

In a 5-4 decision, the court decided that it would take up the case, effectively delaying Biden’s repeal of Title 42 for at least another six months until the Supreme Court releases its decisions from the February term in June.

In a statement released on Tuesday, Biden said that he would comply with the Supreme Court’s stay on the repeal of Title 42, but that he still believes its expiry is overdue.

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The Supreme Court temporarily halted the termination of Title 42 on Tuesday, allowing the Trump-era policy to remain in place until the justices hear a challenge from Republican-led states in February.

The policy, which was originally enacted at the outset of the coronavirus pandemic in March 2020, allows immigration officials to quickly expel migrants on public health grounds.

U.S. District Judge Emmet Sullivan sided with immigration advocates last month who argued that the policy is no longer necessary, setting an end date of Dec. 21.

Chief Justice John Roberts put a temporary hold on Title 42’s termination on Dec. 19.

In Tuesday’s 5-4 ruling, Justices Roberts, Samuel Alito, Brett Kavanaugh, Amy Coney Barrett and Clarence Thomas agreed to hear a challenge from Republican-led states during the February 2023 argu­ment session.

While the stay prevents the district court’s order vacating Title 42, it does not “prevent the federal government from taking any action with respect to that policy.”

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