The policy, which was implemented under the administration of former President Donald Trump and allows authorities to expel migrants over COVID-19 pandemic concerns, had been set to end on Wednesday following a federal district court ruling last month. An appeals court shot down a Republican-led effort to overturn the ruling Friday.
On Monday, Supreme Court Chief Justice John Roberts at least temporarily extended the policy by implementing a stay on the appeals court ruling. Abbott praised the decision in a tweet soon after.
“Texas and other states are insisting that the Court leave Title 42 in place,” Abbott tweeted. “Today’s order is a step in that direction. This helps prevent illegal immigration.”
It is not clear how long the Supreme Court decision might delay the end of Title 42. The administration of President Joe Biden was given until Tuesday evening to file a response. The policy could remain in effect for at least months if Roberts refers the case to the full court.
In an interview that aired on ABC’s This Week on Sunday morning, Abbott warned that eliminating the public health policy would cause “total chaos” at the border.
Despite having spoken against COVID-19 restrictions, the Texas governor argued that the potential of migrants carrying the virus or another illness justified keeping the policy in place.
“If the courts do not intervene and put a halt to the removal of Title 42, it’s gonna be total chaos,” Abbott told This Week co-anchor Martha Raddatz.
“Whether it’s COVID or some other issue, when you have people coming in from across the globe, without knowing at all what their health status is, that almost by definition is a public health risk,” he added. “There’s every reason to keep that in place.”
West Virginia Senator Joe Manchin, a centrist Democrat who recently urged Biden to extend the policy, celebrated the Supreme Court ruling on Monday while continuing to push for a “permanent solution.”
“There is an immigration crisis at our southern border that is unlike anything we have ever seen,” Manchin said in a statement. “While I am pleased by Chief Justice Roberts’ order that will avert a disaster temporarily, it is not a permanent solution.”
“I am committed to working with my bipartisan colleagues to ensure Congress and the Biden Administration work together to find a comprehensive and bipartisan immigration solution,” he added.
Others were less pleased by the temporary stay. Sawyer Hackett, senior adviser to former Housing and Urban Development Secretary Julian Castro, said the decision from Roberts was part of a “fraud” to keep the legacy of former Trump adviser Stephen Miller alive.
“The Supreme Court joins the fray of political institutions (DHS, CDC, two White Houses, the media) perpetuating a fraud on the public with Title 42,” Hackett tweeted. “I hope history remembers how many people lied to keep Stephen Miller’s legacy alive.”
The Department of Homeland Security (DHS) said in a statement that those who attempt to cross the border will “continue to be expelled to Mexico” as the order remains in effect. The department urged members of Congress to fund border security while preparing for Title 42’s eventual demise.
“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts,” the DHS statement reads.
“We urge Congress to use this time to provide the funds we have requested for border security and management and advance the comprehensive immigration measures President Biden proposed on his first day in office,” it continues.
Newsweek has reached out to Abbott’s office and the White House for comment.