A divided Supreme Court on Tuesday issued an order that keeps in place the pandemic-related border policy known as Title 42, allowing border agents to continue turning away migrants seeking asylum at least for months.
The court agreed to decide whether Republican-led states can intervene in a lawsuit and defend the policy, which has allowed border agents to swiftly turn back migrants without considering their asylum claims since March 2020.
The justices plan to hear oral arguments in February, which would put the court on track to issue an opinion on that question this term, which concludes at the end of June.
