Senate Democratic Whip Richard J. Durbin of Illinois, when asked Thursday if a court ruling could resolve concerns raised by those pushing for a vote on the Title 42 policy, said, “I would suspect we’re going to face a Title 42 vote at some point.”
Sen. Bob Menendez, D-N.J., a prominent voice in immigration talks, said Republican political calculus would determine how Congress reacts to any injunction to prevent the Biden administration from lifting the border controls.
“If they want to insist on codifying it into law, the court decision won’t be enough for them because they want the issue more than they want the solution,” Menendez said Tuesday.
Several Senate Republicans have already signaled they will continue to push on Title 42. Texas Republican Sen. John Cornyn, who has been involved in bipartisan discussions on potential immigration bills that could pass the Senate this year, said he would still like to see Congress pass legislation addressing the border even if the court blocks the planned rescission.
Cornyn noted that the border directive, even if preserved by a court order, is inherently a temporary public health measure. “I still think we need to act, because we know Title 42 is going away at some point,” Cornyn said Thursday.