The Division of Justice requested the Supreme Court docket to toss out a case difficult the Biden administration’s choice to finish Title 42, a Trump-era immigration coverage affecting asylum seekers.

The DOJ, in a submitting late Tuesday, advised the Supreme Court docket that the administration’s transfer to finish the Covid-19 public emergency on Might 11 “would render this case moot.”

That’s as a result of the Facilities for Illness Management and Prevention order relating to Title 42 says the coverage ought to finish when the secretary of Well being and Human Providers’s declaration of a public well being emergency from the pandemic expires.

The case, set to be argued on March 1 on the court docket, challenges the Biden administration’s plan to finish Title 42, which allowed america to rapidly deport migrants looking for asylum.

Title 42 had been applied in March 2020 because of the Covid pandemic. Adopted below former President Donald Trump, it allowed the U.S. besides greater than 2 million migrants, most of them on the Mexican border.

In a case introduced by asylum seekers making an attempt to overturn Title 42, a federal decide dominated in November that the coverage violated federal regulation and was “arbitrary and capricious.”

A bunch of Republican state attorneys normal have requested to intervene within the case to defend Title 42.

The Supreme Court docket in December ordered the coverage to stay in place because it thought of whether or not the states have the authorized standing to sue over Title 42.

In its submitting Tuesday, attorneys for the DOJ wrote, that query will not be “a dwell case or controversy” due to the automated expiration of Title 42 that may happen as soon as the general public well being emergency ends.

“The federal government has additionally lately introduced its intent to undertake new Title 8 insurance policies to handle the scenario on the border as soon as the Title 42 orders finish,” the submitting stated.