Supreme Court declines to revive Biden-era deportation-pause rule
Justices reject Democratic-led cities' bid to block a Texas-DOJ consent deal that killed the "administrative closure" regulation.
Part of a larger narrative
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What to know
- The Supreme Court's unsigned order leaves in place a consent judgment that eliminated the 2024 "administrative closure" rule, which let immigration judges pause deportation cases for crime victims, witnesses, and neglected juveniles pursuing relief.
- The case turned on standing: lower courts ruled the challenging cities and Centro Legal de la Raza had no legal right to defend a federal rule that neither Texas nor the Trump DOJ would defend.
- Challengers argued the Texas-DOJ agreement was "egregious collusion" that lets agencies dodge normal rulemaking and public process by simply declining to defend disfavored regulations.
- The ruling affects thousands of pending deportation cases annually that had relied on administrative closure to ease immigration court backlogs.
“attempts to improperly leverage a clear-cut dispute over”
D. John Sauer, U.S. Solicitor General · SCOTUSblog ↗ · Oct 26
Reed O'Connor Chief U.S. District Judge, Wichita Falls
D. John Sauer U.S. Solicitor GeneralJoshua Salzman Attorney, Democracy ForwardState of Texas PlaintiffCentro Legal de la Raza Immigrant legal services groupBaltimore, New Haven, and Columbus Democratic-led cities challenging the deal
How it unfolded 1 development · click the chart to see its coverage articlesposts
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Supreme Court declines to restore the rule
In a brief, unsigned order, the Supreme Court turned down the cities' and Centro Legal de la Raza's request, leaving the Texas-DOJ consent judgment and the rule's elimination in place.
“The Supreme Court cleared the way for the Trump administration to restrict a Biden-era policy that allows immigration judges to use their discretion to close thousands of deportation cases each year.”
— Washington Post -
first by HotAir, 12d ago · also Associated Press, AP News, Boston Globe, Denver Post, Orlando Sentinel, Baltimore Sun +10
7 more headlines
- Supreme Court blocks Biden-era regulation that allowed judges to pause deportations in win for Trump admin Associated Press · 12d ago
- Supreme Court won’t intervene to allow judges to pause some deportation proceedings AP News · 11d ago
- Supreme Court declines to restore policy allowing immigration judges to close deportation cases ABC News - Breaking News, Latest News and Videos · 11d ago
- Supreme Court Strips Judges of Power to Pause Trump Deportations The New Republic · 11d ago
- Supreme Court sides with Trump order to block Biden-era regulation that allowed judges to pause deportations New York Post · 11d ago
- US Supreme Court denies immigration judges the power to shelve deportation cases Yahoo · 11d ago
- Supreme Court declines intervening in immigration regulation that allows judges to pause deportation proceedings after Trump blocked it Fortune · 11d ago
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7 outlets first by Denver Gazette, 12d ago · also The Washington Sun, Washington Examiner, USA Today, Newsweek, The Texas Tribune, Fox News · read ↗
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The Supreme Court stripped immigration judges of the ability to pause certain deportation proceedings on Tuesday, declining to block a deal slammed as “egregious collusion” between the Justice Department and the state of Texas.
2 more of the top 3 · 11 posts in this stretch
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The Supreme Court on Tuesday cleared the way for the Trump administration to restrict a Biden-era policy that allows immigration judges to use their discretion to close thousands of deportation cases each year. Immigration advocates say the practice allows judges to ease loads on strained immigration courts and spare some migrants — such as crime…
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The Supreme Court is allowing Trump to block immigration judges from postponing some deportation cases.
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background
Cities ask Supreme Court to intervene, alleging collusion — Represented by Democracy Forward, the challengers asked the Supreme Court to step in, calling the Texas-DOJ consent agreement the product of "egregious collusion" and warning it could let agencies evade administrative law by refusing to defend disfavored rules.
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5th Circuit refuses to block the consent judgment — The U.S. Court of Appeals for the 5th Circuit rejected the challengers' request to pause the Texas-DOJ agreement and reinstate the rule while their appeal proceeded.
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Cities and legal group move to intervene, are denied — Baltimore, New Haven, Columbus and Centro Legal de la Raza filed an emergency motion to join the case to defend the rule on appeal; O'Connor denied the motion, ruling they lacked standing.
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Texas sues and DOJ agrees to scrap the rule same day — Texas sued in Wichita Falls before Chief Judge Reed O'Connor, calling the rule part of the "Biden-Harris Administration's campaign to undermine our immigration laws"; hours later the DOJ and Texas asked O'Connor for a final judgment striking the rule, which he granted that day.
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EOIR adopts the administrative-closure rule — The Executive Office for Immigration Review, part of the Justice Department, adopted the rule allowing immigration judges to suspend some deportation proceedings, for example to let a crime victim or witness pursue asylum through USCIS.
Also covered reported alongside — the timeline has no entry for these yet
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first by Bloomberg, 12d ago · also NYT Politics, Philadelphia Inquirer, Bloomberg Politics
2 more headlines
- Supreme Court Allows Texas’ Deal With Justice Dept. on Deportation Proceedings Mastodon · 12d ago
- Supreme Court allows Texas deal with Justice Department on deportation proceedings Philadelphia Inquirer · 11d ago
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first by ABC News, 11d ago · also RedState, Washington Post
2 more headlines
- SCOTUS Won't Revive Biden-Era Rule Letting Immigration Judges Put Deportation Cases on Ice RedState · 11d ago
- Trump administration can block immigration judges from closing deportation cases The Washington Post · 11d ago
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first by The Texas Tribune, 11d ago · also Yahoo, Texas Tribune
and 3 smaller pieces
What people are saying 6 voices from 2 sites · best of 11 · verbatim
- Oct 27
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The Supreme Court declined to intervene Tuesday in a dispute over a Biden-era immigration regulation that allowed immigration judges to pause some deportation proceedings.
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The cruelty continues to metastasize. It can't be too soon to neuter the MAGA SCOTUS majority. Supreme Court Strips [Immigration] Judges of Power to Pause Trump Deportations https:// newrepublic.com/post/217231/su preme-court-strips-judges-power-pause-trump-deportations
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The Supreme Court declined to revive a Biden-era rule allowing immigration judges to close deportation proceedings for people who are in the process of obtaining lawful status.
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Breaking News: The Supreme Court allowed a deal between the Trump administration and Texas, affecting the rules for deportation proceedings that opponents have described as “egregious collusion.”
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Breaking news: The Supreme Court cleared the way for the Trump administration to restrict a Biden-era policy that allows immigration judges to use their discretion to close thousands of deportation cases each year.
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JUST IN: US Supreme Court denies immigration judges the power to shelve deportation cases