The Supreme Court temporarily halted the termination of Title 42 on Tuesday and will hear a challenge from Republican-led states in February.
The Trump-era policy, which has been used to deter migrants more than 2.5 million times, was set to lapse last week until Chief Justice John Roberts put a temporary hold on its termination.
Republicans and some Democrats have warned that lifting Title 42 will lead to a surge in border crossings.
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