On Monday, fifteen states attempted to block a judge’s revocation of Title 42. This Trump-era order allows the U.S. from quickly expel asylum seekers seeking migrants.

After a federal judge last Wednesday invalidated the policy, the states filed a motion for intervention. The Biden administration was given until December 21st to end its use of Title 42.

Alabama, Arizona, Kansas and Kentucky were represented by Republican attorneys general. They argued that the end of the policy would encourage migrants to the United States and hurt their states.

In March 2020, as part of pandemic lockdowns, the Trump administration implemented Title 42. This public health authority allows officials to remove persons who have been in a country with a communicable illness spreading.

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In April, the Biden administration announced that it would repeal Title 42. However, a group of GOP-led States sued the administration and won an initial battle for Title 42.

The Biden administration adopted Title 42 in October by expanding its use for Venezuelan nationals and exiling many to Mexico. Mexico originally had agreed to accept Salvadoran, Honduran, and Guatemalan nationals.

Many immigration advocates oppose Title 42. They argue that the pandemic is just an excuse, and that the policy puts asylum seekers at risk.

This policy has caused border officials to push many asylum seekers into Mexico or their homelands. Officials also report record numbers of migrants crossing the border.

Emmett Sullivan, U.S. District Judge, agreed with this sentiment and struck down the policy last Wednesday. He indicated that he wasn’t convinced that its use was “public health measures”, and ruled it arbitrary and capricious.

The judge gave the Biden administration until December 21st to phase out this policy.

In asking for the extension, Justice Department lawyers argued that the Department of Homeland Security (DHS), needed to “move more resources to the border” and coordinate with stakeholders before moving to Title 8 processing.

The Justice Department stated in the filing that “this transition period is crucial to ensure that DHS can continue its mission to secure Nation’s borders, and to conduct its border operations orderly,”