Settlement would end immigration judges’ discretion to close cases
The U.S. Supreme Court on Tuesday allowed an agreement between Texas and the Trump administration to move forward, clearing the way for a settlement that would remove immigration judges’ discretion to close cases administratively. The court issued a one-sentence order and did not explain its reasoning.
The agreement between the Justice Department and Texas Attorney General Ken Paxton settles a lawsuit Paxton filed in 2025 seeking to remove judges’ discretion to end immigration cases. The policy at issue gave immigration judges discretion to close cases as part of an effort to ease strain on an over-burdened immigration court system.
Paxton and the Trump administration sought to reverse that Biden-era policy, and Texas immediately agreed to settle the lawsuit on terms ending the discretion policy.
President Joe Biden’s administration adopted the policy in 2024 and codified judicial discretion in immigration cases after the first Trump administration attempted to prohibit judges from using administrative closure. The 2024 policy became the target of Paxton’s 2025 lawsuit.
Paxton argued that the policy gave immigrants amnesty because it paused or ended legal proceedings against them.
Those who support the discretion policy say it takes cases off overloaded court dockets, particularly providing relief for victims of crime and juveniles who are in immigration proceedings.
Officials for Baltimore, Columbus, Ohio, and New Haven, Conn., argued that Paxton and the Trump administration were abusing the court system by colluding together and working on the same side despite their opposing roles in the lawsuit. They also argued that the lawsuit allowed the Trump administration to circumvent the administrative procedures required to undo government policy.
Solicitor General D. John Sauer, a former attorney for President Donald Trump, argued that the city officials had no legal grounds to intervene. He said the policy did not directly involve the cities because it applied specifically to immigration courts.
The Supreme Court’s order did not explain how it weighed those competing positions or why it accepted the agreement. The stated result is that the settlement between Texas and the Justice Department can proceed.