A federal judge in Texas blocked a Biden administration rule on Monday that allowed immigration judges to indefinitely close a deportation case against immigrants on the same day Texas sued to stop the rule. The rapid court action affects how you can manage cases in immigration proceedings going forward.
What changed
The rule, which was adopted in 2024, allowed immigration judges to close a deportation case after hearing arguments from the federal government and the immigrant in deportation proceedings, especially if the person could qualify for a benefit that allows them to stay in the country legally.
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.
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.
Why it matters
If you represent immigrants facing deportation, the closure of this rule narrows your options for managing client cases. The rule had restored judges’ discretion to close cases when—after full briefing and argument—an immigrant might qualify for a path to legal status (such as cancellation of removal, VAWA relief, or other defenses). That discretion is now blocked.
Without the rule, you may need to pursue alternative strategies:
- Seek continuances instead of requesting administrative closure
- Prepare cases for full adjudication on the merits, even where relief is speculative
- Monitor whether any appellate challenge revives the rule or whether case law develops on judicial closure authority
The speed of the ruling—same-day briefing and decision—may also signal that further litigation is unlikely to slow immediate enforcement, so adjust your filing calendar accordingly.
Way forward
- Review pending cases: Audit any cases where you filed or planned to file a motion for administrative closure under the 2024 rule. Revise strategy now before the judge’s order takes full effect.
- Check local rule updates: Contact your EOIR court to confirm implementation timing and whether partial closures or continuances remain available.
- Monitor appeals: Watch for DOJ or EOIR appeals to the Fifth Circuit; any stay or reversal could restore the rule.
- Consult your client on timeline: If closure is foreclosed, discuss whether your client wants to proceed to hearing, negotiate voluntary departure, or pursue other avenues.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. You should consult a licensed immigration attorney to discuss your specific situation and verify the current status of this rule against the primary source linked above. Immigration policy and court rulings can change without notice, and judicial decisions at the district level may be appealed or reversed.