The Supreme Court decided against intervening in a conflict over an immigration policy from the Biden administration that allowed immigration judges to defer some deportation proceedings. This decision keeps a court order in place that blocks the policy. Democratic-led cities and a legal advocacy group had pushed for emergency intervention, arguing that the policy benefits crime victims and neglected youths.
The legal teams, including Democracy Forward and Lynn Pinker Hurst & Schwegmann LLP, expressed significant disappointment with the Supreme Court’s decision. Texas had previously sued to oppose the policy, known as “administrative closure,” claiming it had grown substantially under Biden and allowed some immigrants to stay in the U.S. indefinitely.
Administrative closure lets judges pause deportation cases temporarily, often for immigrants seeking humanitarian protection or other legal statuses. Baltimore, Columbus, and New Haven, alongside Centro Legal de la Raza, attempted to uphold this policy, filing an emergency appeal after a judge dismissed their request.
“For decades, these procedures have allowed immigration judges to temporarily pause deportation proceedings for people pursuing lawful immigration relief, including survivors of violence, abused and neglected children, and victims and witnesses who cooperate with law enforcement,” the applicants stated. “Eliminating these protections puts vulnerable people at greater risk of deportation and undermines public safety in communities across the country.”
The Justice Department recommended the justices turn down the appeal, stating the applicants lacked legal standing and hadn’t demonstrated immediate legal harm. Solicitor General D. John Sauer highlighted in his Supreme Court filing that the cities used this request to challenge the settlement broader than the case itself.
Sauer mentioned, “This Court should not allow applicants to put the cart before the horse,” arguing that the cities didn’t prove any substantial harm during the appeal process.
The National Immigration Law Center criticized the decision as endorsing another unfair policy. Lynn Damiano Pearson from the center emphasized the challenges ahead, “Without administrative closure, immigration judges will be forced to issue deportation orders to people on the path to lawful status simply because their immigration applications weren’t processed in time.” This decision, they warn, significantly impacts immigrants and their communities.
Newsweek contacted the Justice Department for further comments regarding this situation.

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