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PoliticsQuiet 11d · day 12

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

Trump Administration Election Challenges

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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'ConnorReed O'Connor Chief U.S. District Judge, Wichita FallsD. John SauerD. 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

Supreme Court declines to revive Biden-era deportation-pause rule
SCOTUSblog

How it unfolded 1 development · click the chart to see its coverage articlesposts

Peak 41 pieces in 3h at Oct 27, 11 AM; 76 pieces over 12 days (52 articles · 24 posts) Oct 27, 11 AM — 41 pieces · 31 articles · 10 posts — Newswires 29, Bluesky 6, Mastodon 5, +1 moreOct 27, 2 PM — 18 pieces · 11 articles · 7 posts — Google News 6, Newswires 5, Mastodon 4, +1 moreOct 27, 5 PM — 10 pieces · 6 articles · 4 posts — Google News 4, Bluesky 3, Newswires 2, +1 moreOct 27, 8 PM — 2 pieces · 1 article · 1 post — Google News 1, Mastodon 1Oct 27, 11 PM — quietOct 28, 2 AM — 1 piece · 1 post — Mastodon 1Oct 28, 5 AM — quietOct 28, 8 AM — 2 pieces · 1 article · 1 post — Mastodon 1, Newswires 1Oct 28, 11 AM — 2 pieces · 2 articles — Newswires 2Oct 28, 2 PM — quietOct 28, 5 PM — quietOct 28, 8 PM — quietOct 28, 11 PM — quietOct 29, 2 AM — quietOct 29, 5 AM — quietOct 29, 8 AM — quietOct 29, 11 AM — quietOct 29, 2 PM — quietOct 29, 5 PM — quietOct 29, 8 PM — quietOct 29, 11 PM — quietOct 30, 2 AM — quietOct 30, 5 AM — quietOct 30, 8 AM — quietOct 30, 11 AM — quietOct 30, 2 PM — quietOct 30, 5 PM — quietOct 30, 8 PM — quietOct 30, 11 PM — quietOct 31, 2 AM — quietOct 31, 5 AM — quietOct 31, 8 AM — quietOct 31, 11 AM — quietOct 31, 2 PM — quietOct 31, 5 PM — quietOct 31, 8 PM — quietOct 31, 11 PM — quietNov 1, 1 AM — quietNov 1, 4 AM — quietNov 1, 7 AM — quietNov 1, 10 AM — quietNov 1, 1 PM — quietNov 1, 4 PM — quietNov 1, 7 PM — quietNov 1, 10 PM — quietNov 2, 1 AM — quietNov 2, 4 AM — quietNov 2, 7 AM — quietNov 2, 10 AM — quietNov 2, 1 PM — quietNov 2, 4 PM — quietNov 2, 7 PM — quietNov 2, 10 PM — quietNov 3, 1 AM — quietNov 3, 4 AM — quietNov 3, 7 AM — quietNov 3, 10 AM — quietNov 3, 1 PM — quietNov 3, 4 PM — quietNov 3, 7 PM — quietNov 3, 10 PM — quietNov 4, 1 AM — quietNov 4, 4 AM — quietNov 4, 7 AM — quietNov 4, 10 AM — quietNov 4, 1 PM — quietNov 4, 4 PM — quietNov 4, 7 PM — quietNov 4, 10 PM — quietNov 5, 1 AM — quietNov 5, 4 AM — quietNov 5, 7 AM — quietNov 5, 10 AM — quietNov 5, 1 PM — quietNov 5, 4 PM — quietNov 5, 7 PM — quietNov 5, 10 PM — quietNov 6, 1 AM — quietNov 6, 4 AM — quietNov 6, 7 AM — quietNov 6, 10 AM — quietNov 6, 1 PM — quietNov 6, 4 PM — quietNov 6, 7 PM — quietNov 6, 10 PM — quietYesterday, 1 AM — quietYesterday, 4 AM — quietYesterday, 7 AM — quietYesterday, 10 AM — quietYesterday, 1 PM — quietYesterday, 4 PM — quietYesterday, 7 PM — quietYesterday, 10 PM — quietToday, 1 AM — quietToday, 4 AM — quietToday, 7 AM — quietToday, 10 AM — quiet 1
Oct 28Oct 29Oct 30Oct 31Nov 1Nov 2Nov 3Nov 4Nov 5Nov 6now · 12:37 PM ET
  1. 1

    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
    1. first by HotAir, 12d ago · also Associated Press, AP News, Boston Globe, Denver Post, Orlando Sentinel, Baltimore Sun +10

      7 more headlines
    2. 7 outlets first by Denver Gazette, 12d ago · also The Washington Sun, Washington Examiner, USA Today, Newsweek, The Texas Tribune, Fox News · read ↗

    1 more claim →
    • truthout.org

      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.

      truthout.orgBluesky11d ago85▲view on Bluesky ↗
    2 more of the top 3 · 11 posts in this stretch
    • cdarwin@c.im

      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…

      cdarwin@c.imMastodon12d agoview on Mastodon ↗
    • newrepublic.com

      The Supreme Court is allowing Trump to block immigration judges from postponing some deportation cases.

      newrepublic.comBluesky11d ago78▲view on Bluesky ↗
    all of them →
  2. 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.

  3. background

    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.

  4. background

    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.

  5. background

    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.

  6. background

    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

  1. first by Bloomberg, 12d ago · also NYT Politics, Philadelphia Inquirer, Bloomberg Politics

    2 more headlines
  2. first by ABC News, 11d ago · also RedState, Washington Post

    2 more headlines
  3. 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