Biden Administration to Let Coronavirus Public Health Emergency Expire in May, Ending Title 42 Order

The Biden administration has announced its intent to let the coronavirus public health emergency expire in May, rendering moot the ongoing case over a Trump-era border restriction.[0] The Department of Justice (DOJ) submitted a filing to the Supreme Court, noting that the Title 42 orders would terminate and the case would become moot when the public health emergency ends.

The Title 42 order was first announced in April 2021, when the US Centers for Disease Control and Prevention (CDC) said it was “no longer necessary.”[1] This led to a lawsuit from Republican states, which was successful in keeping the policy in place.[2] The Biden administration then rolled out its own Title 42 order, which stated that the policy could end in one of two ways—either via the expiration of the HHS public health emergency or the CDC director’s determination that it was no longer necessary, “whichever occurs first.”[3] A group of Republican states asked to join the case and defend the Title 42 policy in the government’s stead, but a federal appeals court rebuffed their request.[4]

The Supreme Court paused the court-ordered end of the Title 42 policy as it considers the case.[4] A legal expert close to the case said that the Republican states might see this as an opportunity to sue again, arguing that this second path for lifting Title 42 also violates their rights.[2] It was stated by an expert that the oral arguments for the Supreme Court in the opening lawsuit are still due to take place on March 1, and they could possibly affect whether states make an effort to prevent the government's most recent attempt to get rid of the policy.[2]

The end of the public health emergency in May will terminate the Title 42 orders, rendering the case moot. The Biden administration has also announced its intent to adopt new Title 8 policies to address the situation at the border once the Title 42 orders end.[5] It remains to be seen how the Supreme Court will respond to the DOJ’s filing, and whether the Republican states will attempt to challenge the new policies.

0. “Biden administration tells Supreme Court Title 42 will end when Covid-19 public health emergency expires”, 8 Feb. 2023,

1. “Biden administration tells Supreme Court Title 42 will end when Covid-19 public health emergency expires” CNN, 8 Feb. 2023,

2. “The Title 42 Covid ban at the southern border may end on May 11” NBC News, 1 Feb. 2023,

3. “White House struggles to explain the fate of Title 42” POLITICO, 6 Feb. 2023,

4. “US tells Supreme Court that health policy will change border case” Roll Call , 8 Feb. 2023,

5. “DOJ says end of health emergency will terminate Title 42 policy and moot Supreme Court case” POLITICO, 8 Feb. 2023,