The Justice Department told the Supreme Court on Tuesday that the Biden administration’s plans to let COVID-19 public health emergencies expire in May would make it unnecessary for the justices to decide a case related to a pandemic-era border expulsion policy.
In a filing, the DOJ said that expiration would also mean the end of the so-called Title 42 border policy, in place since March 2020, which allows border agents to rapidly expel migrants who cross the border without considering their asylum claims.
The end of the border policy — which is at the center of the high court case — “would render this case moot,” the Justice Department lawyers wrote.
