With the controversial end of Title 42 up in the air, immediate focus shifts to other border policies.

Starting Tuesday, the Supreme Court will hear arguments over the Biden administration’s efforts to end a Trump-era policy that requires asylum seekers to stay in Mexico while their applications are processed, per The Hill.

The court will decide whether the Biden administration must keep the policy in place despite the Department of Homeland Security’s assessment that it’s not in the country’s interest.

Critics say the policy unnecessarily subjects migrants to “needless violence, suffering and unfair process” by forcing them to wait in Mexico, which is unequipped to house and care for them.

Judd Stone II, the solicitor general of Texas, will argue the case on behalf of the state and Missouri which brought the original challenge to the Biden administration’s attempt to end the policy. They are supported in an amicus brief filed by 19 other GOP-led states:

In recent years, States have borne costs related to education, healthcare, and other government-assistance programs serving the rising influx of illegal aliens released into the country — not to mention the human costs to vulnerable populations resulting from human trafficking and drug smuggling (particularly dangerous drugs like fentanyl) across the border. (Migrant Protection Protocols) proved highly successful at staunching the flow of illegal aliens across the border.

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