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On Tuesday, December 27, 2023, the United States Supreme Court determined that Title 42, as requested by Republican officials, would STAY in effect. Title 42, a public health law, under a federal court's order, had an expiration date of December 21, 2023. This was paused after Republican officials, 19 to be exact, filed an application requesting an emergency stay of the order, blocking the Biden administration from allowing the order expire.

The emergency stay involves allowing United States border patrol agents to turn migrants away if they do not present the correct immigration documents. This turn-away also includes those who are asylum-seekers. The Republican officials stated amongst other things, that if Title 42 were to be lifted, there would be a "irreparable harm from a spike in unlawful border crossings, along with an increase in the human and drug smuggling."

Prior to the decision to stay title 42, the Department of Homeland Security estimated that they would be seeking $3 billion - $4 billion in emergency funding to handle the large influx of possible migrants if 42 is terminated, estimating that the number of illegal crossings may "more than double to up to 15,000 migrants a day."

Following the decision to stay Title 42, the White House stated that it would "comply with the order and prepare for the justices to review the case again."

The case is Arizona et al. v. Alejandro Mayorkas et al., case number 22A544, in the Supreme Court of the United States.

The asylum seekers are represented by Lee Gelernt, Omar C. Jadwat, Daniel A. Galindo, Morgan Russell, Cody Wofsy, Stephen B. Kang, My Khanh Ngo and David Cole of the American Civil Liberties Union Foundation; Scott Michelman and Arthur B. Spitzer of the American Civil Liberties Union Foundation of the District of Columbia; Bernardo Rafael Cruz and Adriana Cecilia Pinon of the American Civil Liberties Union Foundation of Texas, Inc.; Robert Silverman and Irit Tamir of Oxfam America; Tamara F. Goodlette of the Refugee and Immigrant Center for Legal Education and Legal Services; Karla M. Vargas of the Texas Civil Rights Project and Blaine Bookey, Karen Musalo, Neela Chakravartula and Melissa Crow of the Center for Gender & Refugee Studies.