Supreme Court cancels March 1 oral arguments in Title 42 case after DOJ said it was moot

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A Border Patrol agent instructs migrants who had crossed the Rio Grande river into the U.S. in Eagle Pass, Texas, Friday, May 20, 2022. Dario Lopez-Mills/AP

Supreme Court cancels March 1 oral arguments in Title 42 case after DOJ said it was moot

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The Supreme Court canceled March 1 oral arguments in a case challenging the Title 42 emergency policy soon after the Justice Department said the case would soon become moot.

Title 42, a pandemic-era policy that has helped the government expel over 2 million illegal immigrants, is slated to expire on May 11 when the COVID-19 emergency ends. Several Republican-led states sued last year to keep the policy in place out of concern that an influx of illegal immigrants would flood the southern border.

The DOJ issued a brief earlier this month saying that the case, Arizona v. Mayorkas, would become moot once the pandemic emergency ends.

TITLE 42 SUPREME COURT CASE WILL BE MOOT AFTER COVID EMERGENCY ENDS: DOJ

“The government has also recently announced its intent to adopt new Title 8 policies to address the situation at the border once the Title 42 orders end,” the 48-page DOJ brief added.

The oral argument date was removed from the Supreme Court calendar without explanation. Additionally, the case is still listed as pending but may become moot given the DOJ’s argument in its most recent brief.

The decision also did not appear to lift a previous stay applied to a lower court judge’s order striking down the policy, indicating that Title 42 will remain in effect until May 11.

This is a developing story and will be updated.

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