A federal judge in Texas blocked a Biden administration rule on Monday that allowed immigration judges to indefinitely close a deportation case against illegal immigrants on the same day Texas sued to stop the rule.
Background of the Rule
The rule, which was adopted in 2024, allowed immigration judges to close a deportation case after hearing arguments from the federal government and the illegal immigrant in deportation proceedings, especially if the person could qualify for a benefit that allows them to stay in the country legally.
But on Monday, Texas Attorney General Ken Paxton filed a lawsuit in the Northern District of Texas in Wichita Falls to block the rule with U.S. Judge Reed O’Connor, who was appointed by former President George W. Bush.
The lawsuit against the U.S. Department of Justice was also co-filed by America First Legal Foundation, an organization founded by Stephen Miller, a senior adviser to President Trump who has focused on ways to limit both legal and illegal immigration to the country.
In this latest complaint, Paxton’s office said in the 43-page lawsuit that the Biden-era rule “effectively grant(s) indefinite amnesty to aliens illegally present in this country.”
Quick Resolution
Lawsuits usually take several months to years to settle, but in this case O’Connor ruled late on Monday in favor of Texas after the Department of Justice filed its response saying it agreed with Paxton’s office.
Paxton’s office and the DOJ did not respond to immediate requests for comment.
President Trump, in keeping with his campaign promise, has cracked down on illegal immigrants, using many of the federal government’s resources to limit immigration and fast-track deportations, including undocumented people and others who were allowed to be in the U.S. by previous administrations.
O’Connor has been known as conservative leaders’ favorite judge because he has routinely ruled in favor of Paxton, who has strategically filed lawsuits against the Obama and Biden administration.
The fast-paced end to the rule echoes a similar maneuver conducted by the DOJ and Paxton’s office last year, when the federal agency sued Texas over a law allowing undocumented students to qualify for lower tuition rates at public universities.
Hours after the suit was filed, Texas also asked Judge O’Connor to find the law unconstitutional, which he did.
After the law was overturned, legal experts said a state working with the federal government so closely for the swift overturning of a state law was unusual and raised questions about collusion.
The quick resolution to the case late on Monday was heavily criticized by immigration law experts.
“This is madness! Deliberate collusion with a federal judge to rapidly erase regulations without any input from affected parties,” said Aaron Reichlin-Melnick, a senior fellow with American Immigration Council, a group in Washington, D.C., that advocates for immigrants.
“It’s clearly an unlawful act by all, and now litigants will have to seek to intervene in the already-completed lawsuit to overturn his actions.”
Original reporting: Texas Tribune (HLL/CB) — read the source article.
