An appeals court has rejected the request to have pandemic-related restrictions remain in place for immigrants seeking asylum. The court’s decision widely means Title 42 is still set to expire on December 21 despite a group of conservative-leaning states trying to keep the restrictions.

The decision can still be appealed to the U.S. Supreme Court. The asylum restrictions were originally put in place in March 2020 under the Trump administration and they were an early measure of dealing with the coronavirus pandemic. Essentially, this move allowed border officials to turn back potential asylum seekers because of the risk of COVID-19 being spread.

With the policy now set to expire in the next week, there are thousands of migrants who were on Mexico’s border to cross after Title 42 expires. The ruling from the U.S. Court of Appeals for the District of Columbia Circuit means that the policy will expire on Wednesday unless another appeal is filed.

Republican-led states have been pushing for the asylum restrictions to be kept. Because of Title 42 migrants have been denied the right to seek asylum under U.S. and international law 2.5 million times since the start of COVID-19. Advocates have noted that Title 42 is going against the U.S. history of helping refugees around the world who are fleeing persecution.