President Biden is coming under fire for his administration’s decision to end a Trump-era policy that expels migrants from the United States’ borders to avoid the spread of COVID-19.

The Centers for Disease Control and Protection announced in April that they are rescinding Policy 42 on May 23rd.

Title 42 is a public health order that allows Customs and Border Protection to expel migrants to Mexico or back to their home countries to prevent the spread of the virus in holding facilities.

The policy was created under the Trump administration and was issued by the CDC in March 2020, at the start of the pandemic.

More than 1 million people were expelled under Title 42 in fiscal year 2021. In fiscal year 2022, more than 535,000 people have been expelled from the United States thus far. 

After the CDC announced that it was letting Title 42 expire, Arizona and 21 other states filed a federal lawsuit on April 3 in the Western District of Louisiana, asking a judge to stop the government from lifting Title 42. Texas filed a separate lawsuit on April 22 seeking the same thing.

Both lawsuits argue the Biden administration violated administrative procedural laws and that if Title 42 is lifted as planned, it could lead to chaos at the border.

When Title 42 ends, Homeland Security predicts up to 18,000 daily encounters with migrants — more than double the current average. Anticipating such an increase, the agency has released a plan that includes vaccinating migrants in U.S. Customs and Border Protection custody, adding 600 CBP agents across the southwest border, and increasing the capacity of federal holding centers from 12,000 to 18,000

In addition, some people might be allowed to wait in the United States for their immigration hearing and could be monitored using an ankle bracelet or asked to check in with immigration officials at their final destination.

The U.S. Supreme Court recently heard arguments on whether the White House has the right to end it and is expected to issue a ruling soon.