National Security

SCOTUS Drops Case Involving Trump-Era Border Policy From Case Calendar

(Photo by Al Drago/Getty Images)

Daily Caller News Foundation logo
Jennie Taer Investigative Reporter
Font Size:

The Supreme Court dropped a case involving the Trump-era border policy used to quickly expel certain illegal migrants, known as Title 42, from its case calendar.

The Biden administration has sought for months to end Title 42, but its expiration has been delayed by multiple lawsuits led by Republican states. The oral arguments were scheduled for March 1, but are not on the calendar, according to the high court. (RELATED: The Biden Admin Is Making It Easier For Illegal Immigrants To Roam The US Without Tracking Them)

The Trump administration used Title 42 to expel certain illegal migrants to mitigate the spread of COVID-19.

Ending the public health order could invite a flood of illegal migration across the southern border, which already saw a record surge of more than 2.3 million migrant encounters in fiscal year 2022 and more than 870,000 between October 2022 and January 2023.

“Believe it or not, getting rid of Title 42 is going to make it even worse,” former Border Patrol Chief Rodney Scott previously told the Daily Caller News Foundation.

The Department of Justice (DOJ) recently said in a court filing that the Biden administration’s latest decision to end Title 42 on May 11 would “moot” the Supreme Court case.

“The anticipated end of the public health emergency on May 11, and the resulting expiration of the operative Title 42 order, would render this case moot,” the DOJ wrote in the filing.

Title 42 is responsible for the expulsion of more than 2 million illegal migrants, according to U.S. Customs and Border Protection (CBP).

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact