Federal Judge Vacates Biden Immigration Rule on Administrative Closure Cases
A federal judge in Texas has vacated a Biden-era Justice Department immigration rule that expanded the use of administrative closure in immigration court, ending a policy critics described as “quiet amnesty.”
The rule, issued by DOJ’s Executive Office for Immigration Review in May 2024, gave immigration judges and the Board of Immigration Appeals more flexibility to pause removal cases. DOJ said the rule was intended to promote efficient case management, help courts allocate limited resources, and protect due process for parties in immigration proceedings.
Texas and America First Legal sued to block the rule in the Northern District of Texas. The challengers argued that federal immigration law requires judges to decide whether a person is removable at the conclusion of proceedings, rather than allowing cases to be suspended indefinitely. America First Legal said Judge Reed O’Connor entered a consent judgment vacating the rule and permanently enjoining DOJ, EOIR, and their successors from enforcing it or issuing a substantially similar regulation without statutory authority.
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The practical consequence is significant. Administrative closure removes a case from an immigration judge’s active docket. Supporters view that tool as a way to manage overburdened courts, especially when another immigration benefit or legal proceeding may affect the case. Opponents argue it can leave removal cases inactive for years without a final decision.
The case also carries a process fight. The lawsuit and judgment moved quickly after DOJ agreed to resolve the case, a speed that drew criticism from immigration-law advocates quoted by The Texas Tribune.
For now, the ruling restarts a major legal and policy fight over how much authority DOJ has to manage immigration court dockets, and how quickly removal cases must move toward final decisions.
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