SCOTUS rejects bid to restore Biden-era powers of lower courts to stall deportations

The decision came in an unsigned order and followed a request from immigration groups to block an agreement that eliminated the regulation.

Published: October 27, 2026 2:21pm

The Supreme Court on Tuesday declined to reinstate a Biden-era regulation that allowed immigration judges to suspend certain deportation proceedings.

The decision came in an unsigned order and followed a request from immigration groups to block an agreement that eliminated the regulation, according to SCOTUSBlog.

In 2024, the Department of Justice Executive's Office for Immigration Review established a rule allowing immigrants facing deportation to pursue relief from federal agencies by seeking alternative status, with a judge pausing deportation proceedings in the meantime.

The federal government and Texas reached an agreement to end the rule as part of a court case earlier this year, prompting immigration groups and three cities with large immigrant populations to bring the challenge.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.

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