Federal judge blocks Biden-era immigration rule on case closures

A federal judge in Texas on Monday blocked a 2024 immigration rule that allowed judges to close deportation cases indefinitely without deciding whether a person could be removed from the United States. The court entered a final consent judgment vacating the rule after the Justice Department agreed with the plaintiffs that the regulation should be set aside.

The case was filed the same day in the Wichita Falls Division of the Northern District of Texas.

Background of the rule The rule, issued under former President Biden, expanded immigration judges’ authority to administratively close removal proceedings after hearing arguments from both sides. Administrative closure removes a case from an active docket without resolving removability.

Plaintiffs argued the policy exceeded the Justice Department’s authority and conflicted with the Immigration and Nationality Act requirement that judges determine removability at the conclusion of proceedings. They also cited the Administrative Procedure Act.

Growth in closed cases The number of administratively closed immigration cases rose from roughly 278,000 in January 2021 to nearly 392,000 by January 2025, according to the legal group that joined the suit. The plaintiffs stated that once cases were removed from active dockets, many remained unresolved for years.

Rapid resolution The same day the lawsuit was filed, the parties reached a settlement and the court permanently enjoined enforcement of the rule. The judge assigned to the case is the sole active district judge in that division. One advocacy organization suggested other parties may seek to intervene to challenge the outcome.