EL PASO, Texas (KTSM) — Title 42 was set to end on Wednesday, Dec. 21 but is still in place after the Supreme Court put a halt to the lifting.

El Paso had been preparing for the end date, anticipating an even larger surge of migrants at the border. While the order was not lifted, hundreds of migrants not subject to expulsion under Title 42 could still be seen lined up along the border fence.

While those who fall under Title 42, including Venezuelans, sat across the Rio Grande, some told KTSM crews they were unaware that Title 42 would not be lifted on Wednesday.

“It’s not fair because of what we’ve been through,” said a woman from Venezuela as she sat across the river watching migrants not subject to Title 42 cross.

Migrants subject to Title 42 expulsion wait across the Rio Grande

“We are suffering because the weather right now is so difficult to stay here for more than eight hours and we have been here for more than 20 hours,” said a man named Anthony from Nicaragua.

About a mile West from where the migrants lined up, National Guard Troops and Texas Department of Public Safety Personnel continue to block the border with razor wire and Humvees. On Tuesday, a National Guard soldier could be heard telling migrants to cross at the port of entry over a loudspeaker. However, a spokesperson from DPS says those instructions have changed.

National Guard at El Paso/ Juarez border, photo by Ruben Espinoza

“The guardsmen were saying go to the ports of entry, but later we found out that they were not being processed at the ports of entry, so now we’re just telling them to head down past the black bridge, and that’s where there meeting up over there with border patrol,” said Eliot Torres the PIO Sargent/ communications and Media for Texas DPS.

On Tuesday, some migrants could be seen trying to go under the razor wire. Torres said that troops helped the migrants get under the wire safely and then proceeded to call Border Patrol.

National Guard and DPS along the border, photo by Ruben Espinoza

“The public may perceive us as going after people for no reason, but we have a reason we’re trying to make sure that they’re safe,” said Torres.