At issue is a federal rule the Biden administration revived in 2024 that allowed immigration judges to postpone deportation proceedings for immigrants who qualify for legal status, either through marriage to a U.S. citizen or certain visas for victims of crime.
On June 22, Texas Attorney General Ken Paxton filed a lawsuit in the Northern District of Texas in Wichita Falls to block the rule, arguing in a 43-page lawsuit that it effectively granted "indefinite amnesty to aliens illegally present in this country." U.S. District Judge Reed O'Connor ruled in favor of Texas the same day, after the Department of Justice, under the Trump administration, filed a response agreeing with Paxton's office.
Three cities, Baltimore, New Haven, Conn., and Columbus, Ohio, along with Centro Legal de la Raza, an Oakland, Calif., nonprofit that provides legal services, challenged the judge's decision. They argued the rule was approved by Congress, giving immigration judges the authority to halt deportation proceedings for immigrants who have pending applications and qualify for legal status. The plaintiffs said undocumented crime victims might stop cooperating with local law enforcement if they are at risk of deportation, even when they qualify for visas that would let them stay in the country during a criminal prosecution. The cities also argued they could lose tax revenue if their residents are deported.
On Tuesday, the Supreme Court issued a one-sentence ruling denying the plaintiffs' request to protect the procedures that had been in place during the Biden administration. The case can return to a lower court to decide whether the cities can intervene, or the cities can ask the Supreme Court for a hearing.