RAICES Bulletin: Texas and DOJ Collaborate to Eliminate the Administrative Closure Rule
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR A Texas federal court approved a consent decree between Texas and the Department of Justice (DOJ), immediately vacating the Biden-era Administrative Closure Rule that allowed immigration courts to pause cases temporarily. This ruling strips advocates of a vital tool to halt removal proceedings, forcing noncitizens onto rigid court dockets and placing them at immediate risk of deportation.
WHAT TO KNOW
Issue: On June 22, 2026, a Texas federal court approved a consent decree between Texas and the DOJ to vacate the Biden-era “Efficient Case and Docket Management in Immigration Proceedings” regulation, known as the Administrative Closure Rule. The rule previously allowed immigration courts and the Board of Immigration Appeals (BIA) to pause cases temporarily. The order also bars future regulations authorizing administrative closure without an express statutory basis, constraining docket management options. The parties waive any right to appeal.
Rationale: U.S. District Judge Reed O'Connor vacated the policy, ruling that no statute authorizes immigration judges to pause cases indefinitely. Texas argued the 2024 rule violated the Administrative Procedure Act (APA) and conflicted with the Immigration and Nationality Act (INA) mandate to decide removability. Labeling the policy an unauthorized "de facto amnesty program," Texas cited July 2025 data showing median case closure times reached 11 years in immigration courts and 34 years at the BIA.
RAICES Impact: Eliminating administrative closure strips legal providers of a vital tool used to pause cases while noncitizens seek alternative legal relief. Because immigration judges are permanently enjoined from using the rule, RAICES attorneys can no longer halt removal proceedings for clients awaiting alternative pathways to legal status. This forces advocates onto rigid court calendars, removing a critical safeguard against premature deportation.
Community Impact: This decision strips many non-citizens of key legal relief, placing them at immediate risk of deportation. Instead of pausing cases during parallel legal reviews, the ruling forces them back onto active dockets. Asylum seekers and refugees face severe instability as their cases are pushed toward final removal decisions regardless of pending relief.
Related Legal Battles: This lawsuit, State of Texas v. U.S. Department of Justice, is the latest in a multi-year battle over administrative closure. The first Trump administration tried to bar the practice in 2020, but a California federal court blocked that rule in March 2021. Legal advocates are likely reviewing options to challenge this consent decree.
Broader Immigration Strategy: This swift, single-day resolution highlights a coordinated effort between Texas and the administration to dismantle prosecutorial discretion and evade accountability. Eliminating administrative closure enforces a rigid framework designed to deny flexibility, force docket compliance, and maximize deportations. This latest move is consistent with the administration’s ongoing efforts to eliminate legal pathways which will lead to instability, family separation, and further deprivation of due process.
