Cities urge Supreme Court to block Texas-DoJ deal that nullified Biden immigration rule

Democratic-controlled municipalities, including Baltimore, Maryland; Columbus, Ohio; and New Haven, Connecticut, have filed a petition urging the Supreme Court to overturn a district court ruling that instantly invalidated a 2024 immigration policy. The policy, adopted by the Executive Office for Immigration Review, permitted immigration judges to temporarily pause deportations while individuals pursued benefits, a practice known as administrative closure.

Texas sued two years after the rule’s adoption, claiming it exceeded agency authority, and the Department of Justice quickly joined the suit, asking the court to vacate the rule and bar future similar regulations. Chief U.S. District Judge Reed O’Connor granted the request, eliminating the rule nationwide in a single day without typical procedural safeguards. The cities, joined by legal services provider Centro Legal de la Raza, contend the move exemplifies “rulemaking-by-collusive acquiescence,” allowing a hostile administration to erase prior regulations through coordinated litigation.

They warn the decision could lead to more deportations, strain local finances, and impose heavy uncompensated legal work on immigrant advocates. The Supreme Court has not yet ruled on the cities’ application.