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The justices left in force a nationwide injunction against the administrative-closure rule

Published

The Supreme Court on Tuesday declined to restore a Biden-era policy allowing immigration judges to temporarily pause deportation cases, leaving in place an agreement between the Trump administration and Texas that bars the practice while litigation continues. Its unsigned order gave no explanation. The cities and Centro Legal de la Raza alleged collusion in “manufactured litigation.”

More context

The justices left a nationwide injunction against the Biden-era administrative-closure rule in force, rejecting an emergency bid to reinstate it. In an unsigned order, the justices rejected an emergency request by Baltimore, Columbus, Ohio, New Haven, Connecticut, and immigrant legal aid organization Centro Legal de la Raza. The court gave no explanation, and no dissents were noted. Known as administrative closure, the policy gave judges discretion to pause cases while migrants pursued humanitarian protections or other legal status; it did not dismiss those cases. Texas challenged the 2024 regulation after the Trump administration stopped defending it. U.S. District Judge Reed O’Connor permanently blocked the rule nationwide after Texas and the administration jointly sought to end it. The Fifth Circuit declined to pause that ruling during the appeal. The challengers alleged collusion in what they called manufactured litigation.

Reporting

Verifier’s note

ABC News, The Washington Post, Law Commentary, The San Joaquin Valley Sun, and The New Republic report that the Supreme Court declined to restore the policy, leaving the restriction on administrative closure in place. abc45.com also reports the development, but attributes its account to The Washington Post; the Court’s action was a refusal to restore the policy, rather than a ruling on the policy’s merits.

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