Other words that could be used to describe this include “corrupt”, “travesty”, and “impeachable”.
A federal judge in Texas blocked a Biden administration rule on Monday that allowed immigration judges to indefinitely close a deportation case against immigrants on the same day Texas sued to stop the rule.
The rule, which was adopted in 2024, allowed immigration judges to close a deportation case after hearing arguments from the federal government and the immigrant in deportation proceedings, especially if the person could qualify for a benefit that allows them to stay in the country legally.
But on Monday, Texas Attorney General Ken Paxton filed a lawsuit in the Northern District of Texas in Wichita Falls to block the rule with U.S. Judge Reed O’Connor, who was appointed by former President George W. Bush.
The lawsuit against the U.S. Department of Justice was also co-filed by America First Legal Foundation, an organization founded by Stephen Miller, a senior adviser to President Trump who has focused on ways to limit both legal and illegal immigration to the country. America First Legal Foundation also previously filed various lawsuits representing Paxton against the Biden administration’s immigration policies, which helped derail President Biden’s immigration agenda in his lone term.
In this latest complaint, Paxton’s office said in the 43-page lawsuit that the Biden-era rule “effectively grant(s) indefinite amnesty to aliens illegally present in this country.”
Lawsuits usually take several months to years to settle, but in this case O’Connor ruled late on Monday in favor of Texas after the Department of Justice filed its response saying it agreed with Paxton’s office.
[…]
The fast-paced end to the rule echoes a similar maneuver conducted by the DOJ and Paxton’s office last year, when the federal agency sued Texas over a law allowing undocumented students to qualify for lower tuition rates at public universities. Hours after the suit was filed, Texas also asked Judge O’Connor to find the law unconstitutional, which he did.
After the law was overturned, legal experts said a state working with the federal government so closely for the swift overturning of a state law was unusual and raised questions about collusion.
The quick resolution to the case late on Monday was heavily criticized by immigration law experts.
“This is madness! Deliberate collusion with a federal judge to rapidly erase regulations without any input from affected parties,” said Aaron Reichlin-Melnick, a senior fellow with American Immigration Council, a group in Washington, D.C., that advocates for immigrants. “It’s clearly an unlawful act by all, and now litigants will have to seek to intervene in the already-completed lawsuit to overturn his actions.”
See here, here, and here for some background on the previous screw job masquerading as “the legal process”. I hope some other intervenors can be found to try to at least make a case out of this, but I don’t know what the prospects of that are. In the meantime, this is another exhortation by me that “court reform” has to be about much more than just adding justices to SCOTUS. A system in which bad actors like Ken Paxton and Stephen Miller can win cases by default because of cheat codes like Reed O’Connor is an extremely broken system that needs deep reform to get it back on the path of being a neutral engine for the public good. Any “court reform” proposals that don’t address this shit are a waste of time. TPM has more.