Supreme Court Declines Cities’ Appeal on Deportation Rule
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Published by: Spectrum News
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Executive Office for Immigration Review — Public professional press contact
Question: What specific criteria and data were used by immigration judges to determine which deportation proceedings could be paused under the Biden-era regulation?
Contacted: October 28, 2026 at 1:33 PM (server time).
Status: Response pending; no substantive response recorded.
The Supreme Court declined Tuesday to intervene in a dispute over a Biden-era immigration regulation that allowed immigration judges to pause some deportation proceedings. The justices turned down an emergency request from Democratic-led cities and a legal organization seeking to defend the rule, which they said had been used to help crime victims and neglected juveniles.
Baltimore, Columbus, Ohio, and New Haven, Connecticut, joined Centro Legal de la Raza in seeking to enter the case. They filed the emergency appeal after a judge refused to let them intervene. Represented by Democracy Forward, the group argued the rule should be revived.
Texas sued over administrative closure, the practice the regulation allowed, and Texas and the Trump administration agreed to a court order blocking it. Texas alleged the practice had been dramatically expanded under former President Joe Biden and effectively enabled people to remain in the country indefinitely.
The cities and group argued that Texas and the administration worked together to secure a permanent court block, bypassing public rulemaking. The Justice Department urged the justices to reject the appeal, arguing the cities lacked legal standing to challenge the settlement and had not demonstrated immediate legal harm. The appeal asked whether the cities could join the case and challenge the court order.
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