US Supreme Court lets 2024 rule for pausing deportation cases end
The judgment removes a procedure for pausing certain cases while three cities and an advocacy group pursue an appeal.
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The judgment removes a procedure for pausing certain cases while three cities and an advocacy group pursue an appeal.
The US Supreme Court declined to temporarily block a judgment eliminating a 2024 rule that let immigration judges pause certain deportation cases. The judgment remains in effect while Baltimore, New Haven, Columbus and Centro Legal de la Raza pursue an appeal. The justices’ interim action did not decide whether the rule or the judgment was lawful.
The rule set procedures for “administrative closure”: temporarily setting aside a deportation case, including while a person sought immigration relief in another federal proceeding. With the rule eliminated, judges can no longer use its procedure to put those cases on hold. Fox News said no dissents were noted in the Supreme Court’s action.
The Justice Department adopted the rule in 2024. Texas sued in June 2026, arguing that the department lacked the legal authority to adopt it. The department agreed with Texas and asked District Judge Reed O’Connor to vacate the rule and prevent similar rules from being adopted. O’Connor granted the request the day it was made.
Analysis
Baltimore, Maryland; New Haven, Connecticut; and Columbus, Ohio, joined Centro Legal de la Raza, an immigrant legal advocacy group, in August to seek a role in the case and defend the rule on appeal. The cities argued that eliminating it could lead to residents being deported and reduce city tax revenue. O’Connor rejected their argument that this gave them standing—the legal basis to bring their challenge.
On October 9, the cities and Centro Legal asked the Supreme Court to block the judgment while they appealed. They accused Texas and the federal government of colluding to eliminate the rule. Federal lawyers argued that the challengers had not shown the concrete injury needed to bring their claims in federal court. The appeal remains the next route for the challengers to seek restoration of the rule; until a court changes the judgment, its procedure remains unavailable to immigration judges.
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