Case: State of Texas v. United States Department of Justice

7:26-cv-00070 | U.S. District Court for the Northern District of Texas

Filed Date: June 22, 2026

Closed Date: June 22, 2026

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Case Summary

This case challenged a Department of Justice (DOJ) rule, adopted in 2024, that rescinded a 2020 rule limiting immigration judges’ authority to administratively close immigration cases. To administratively close a case is to remove it from the court’s active docket, pausing adjudication until a later date. Critics of the rule, including the plaintiff, argued that the rule allowed immigration judges to effectively grant amnesty to unauthorized immigrants. On June 22, 2026, the State of Texas file…

On June 22, 2026, the State of Texas filed this lawsuit in the U.S District Court for the Northern District of Texas. Texas sued the DOJ under the Administrative Procedure Act (APA) and the Take Care Clause in Article II of the United States Constitution. First, Texas argued that the rule violated the Immigration and Nationality Act (INA), which states: “At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States.” 8 U.S.C. § 1229a(c)(1)(A). By allowing for immigration judges to administratively close cases, Texas argues that the rule allows them not to decide on an immigrant’s status. Second, Texas argued that the rule was an arbitrary and capricious agency action since it did not consider states’ reliance interests in effective adjudication of removal proceedings, the cost of keeping unauthorized immigrants in the United States due to administrative closures, how the rule may incentivize unauthorized immigration, how the rule interplays with other “policies of nonenforcement”, or separation-of-function concerns, and was pretextual, pointing to a statement by the Executive Office for Immigration Review (a sub-agency of the DOJ tasked with conducting removal proceedings) that administrative closures hinder, rather than aiding, docket management. Third, Texas argued that the rule bypassed the notice-and-comment period required by the APA for all rules in the Federal Register. Finally, Texas argued that the rule violated the Take Care Clause by allowing immigration judges to close all removal cases where the defendant only violated immigration law. Texas sought a declaratory judgment holding that the rule violated the APA and INA and that no statute authorizes immigration judges to administratively close or suspend adjudication of cases, vacatur of the rule, and a permanent injunction enjoining the defendants from implementing the rule.

The case was assigned to District Judge Reed O’Connor.

Immediately after the complaint was filed, the parties agreed to a consent decree, under which the DOJ abandoned the 2024 rule. On that same day, June 22, 2026, the Court ordered the rule invalid, holding that no statute authorizes immigration judges to administratively close or suspend adjudication of cases.

Summary Authors

Sam Black (8/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73513959/parties/state-of-texas-v-united-states-department-of-justice/

Judge(s)

O'Connor, Reed Charles (Texas)

Attorney for Plaintiff

Rogers, James K (Texas)

Tebo, Kyle (Texas)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorney for Plaintiff

Rogers, James K (Texas)

Tebo, Kyle (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 7:26-cv-00070	State of Texas Original Complaint State of Texas v. United States Department of Justice et al.	June 22, 2026	June 22, 2026 Complaint
3 7:26-cv-00070	Joint Motion for Entry of Consent Judgment State of Texas v. United States Department of Justice et al.	June 22, 2026	June 22, 2026 Pleading / Motion / Brief
3 7:26-cv-00070	Joint Motion for Entry of Consent Judgment	June 22, 2026	June 22, 2026 Pleading / Motion / Brief
5 7:26-cv-00070	Order and Final Judgment State of Texas v. Department of Justice et al.	June 22, 2026	June 22, 2026 Order/Opinion 2026 WL 1803245
5 7:26-cv-00070	Order and Final Judgment State of Texas v. Department of Justice et al.	June 22, 2026	June 22, 2026 Order/Opinion 2026 WL 1803245

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Final Rule: Efficient Case and Docket Management in Immigration Proceedings			https://www.federalregister.gov/...
Texas Judge Blocks Biden-Era DOJ Rule on Migrant Removals (1) Celine Castronuovo		June 22, 2026	June 22, 2026 https://news.bloomberglaw.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73513959/state-of-texas-v-united-states-department-of-justice/

Last updated Sept. 17, 2026, 3:14 a.m.

Docket for: State of Texas v. United States Department of Justice

ECF Number	Date	Description	Link
1	June 22, 2026	COMPLAINT against Todd Blanche, Department of Justice, Daren K Margolin filed by State of Texas. (Filing fee $405; Receipt number ATXNDC-16551159) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Cover Sheet) (Tebo, Kyle) (Entered: 06/22/2026) 1 Exhibit(s) Exhibit A View on PACER 2 Exhibit(s) Exhibit B View on PACER 3 Exhibit(s) Exhibit C View on PACER 4 Cover Sheet View on PACER	Clearinghouse
2	June 22, 2026	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Tebo, Kyle) (Entered: 06/22/2026)	RECAP
3	June 22, 2026	NOTICE of Joint Motion for Entry of Consent Judgment filed by State of Texas (Attachments: # 1 Proposed Order) (Tebo, Kyle) Modified event per document on 6/22/2026 (hcc). (Entered: 06/22/2026) 1 Proposed Order View on PACER	Clearinghouse
4	June 22, 2026	New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (hcc) (Entered: 06/22/2026)	RECAP
5	June 22, 2026	ORDER AND FINAL JUDGMENT: Having considered the Motion 3, the Complaint (ECF No. 1 ), and applicable law, the Court GRANTS the Motion. Accordingly, the Court hereby DECLARES that the challenged regulation, Efficient Case and Docket Management in Immigration Proceedings, 89 Fed. Reg. 46,742 (May 29, 2024), is in excess of statutory authority and contrary to law. (Ordered by Chief District Judge Reed O'Connor on 6/22/2026) (hcc) (Entered: 06/22/2026)	Clearinghouse
6	Aug. 7, 2026	Emergency MOTION to Intervene filed by City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT, Centro Legal de la Raza with Brief/Memorandum in Support. (Attachments: # 1 Memorandum In Support, # 2 Declaration(s) Lewis Declaration, # 3 Declaration(s) Centro Declaration, # 4 Declaration(s) Tobias-Hunter Declaration, # 5 Declaration(s) New Haven - Erlicker Declaration, # 6 Declaration(s) Rodriguez Lima Declaration, # 7 Additional Page(s) Answer of Movant-Intervenors, # 8 Proposed Order). Party Intervenors added.Attorney Andres Correa added to party City of Baltimore, MD(pty:intv), Attorney Andres Correa added to party City of Columbus, Ohio(pty:intv), Attorney Andres Correa added to party City of New Haven, CT(pty:intv), Attorney Andres Correa added to party Centro Legal de la Raza(pty:intv) (Correa, Andres) Modified docket text per document on 8/10/2026 (hcc). (Entered: 08/07/2026) 1 Memorandum In Support View on RECAP 2 Declaration(s) Lewis Declaration View on RECAP 3 Declaration(s) Centro Declaration View on RECAP 4 Declaration(s) Tobias-Hunter Declaration View on RECAP 5 Declaration(s) New Haven - Erlicker Declaration View on RECAP 6 Declaration(s) Rodriguez Lima Declaration View on RECAP 7 Additional Page(s) Answer of Movant-Intervenors View on RECAP 8 Proposed Order View on PACER	RECAP
7	Aug. 7, 2026	MOTION to be Relieved, in part, from LR 83.10 filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Proposed Order) (Correa, Andres) Modified to add docket text per image on 8/11/2026 (jnp). (Entered: 08/07/2026) 1 Proposed Order View on PACER	RECAP
8	Aug. 7, 2026	AMENDED DOCUMENT by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT. Amendment to 7 MOTION. Motion to be Relieved, In Part, From LR 83.10. (Attachments: # 1 Proposed Order) (Correa, Andres) (Entered: 08/07/2026) 1 Proposed Order View on RECAP	RECAP
9	Aug. 8, 2026	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16686568) filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order)Attorney Allyson R. Scher added to party Centro Legal de la Raza(pty:mov), Attorney Allyson R. Scher added to party City of Baltimore, MD(pty:mov), Attorney Allyson R. Scher added to party City of Columbus, Ohio(pty:mov), Attorney Allyson R. Scher added to party City of New Haven, CT(pty:mov) (Scher, Allyson) (Entered: 08/08/2026)	RECAP
10	Aug. 8, 2026	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16686574) filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Exhibit(s) Certificate of Goodstanding, # 2 Proposed Order Order)Attorney Brian D Netter added to party Centro Legal de la Raza(pty:mov), Attorney Brian D Netter added to party City of Baltimore, MD(pty:mov), Attorney Brian D Netter added to party City of Columbus, Ohio(pty:mov), Attorney Brian D Netter added to party City of New Haven, CT(pty:mov) (Netter, Brian) (Entered: 08/08/2026)	RECAP
11	Aug. 8, 2026	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16686579) filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Simon Christopher Brewer added to party Centro Legal de la Raza(pty:mov), Attorney Simon Christopher Brewer added to party City of Baltimore, MD(pty:mov), Attorney Simon Christopher Brewer added to party City of Columbus, Ohio(pty:mov), Attorney Simon Christopher Brewer added to party City of New Haven, CT(pty:mov) (Brewer, Simon) (Entered: 08/08/2026)	RECAP
12	Aug. 8, 2026	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16686617) filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order)Attorney Joshua Marc Salzman added to party Centro Legal de la Raza(pty:mov), Attorney Joshua Marc Salzman added to party City of Baltimore, MD(pty:mov), Attorney Joshua Marc Salzman added to party City of Columbus, Ohio(pty:mov), Attorney Joshua Marc Salzman added to party City of New Haven, CT(pty:mov) (Salzman, Joshua) (Entered: 08/08/2026)	RECAP
13	Aug. 11, 2026	ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of Allyson R. Scher. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (chmb) (Entered: 08/11/2026)	RECAP
14	Aug. 11, 2026	ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Brian D. Netter. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (chmb) (Entered: 08/11/2026)	RECAP
15	Aug. 11, 2026	ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Simon Christopher Brewer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (chmb) (Entered: 08/11/2026)	RECAP
16	Aug. 11, 2026	ORDER: Considering Intervenors' requested decision date of August 21, 2026, the Court ORDERS that any objections to Intervenor's request be filed no later than August 17, 2026. Intervenors shall file any reply by no later than August 19, 2026. (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (hcc) (Entered: 08/11/2026)	RECAP
17	Aug. 11, 2026	ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Joshua Marc Salzman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (chmb) (Entered: 08/11/2026)	RECAP
18	Aug. 11, 2026	ORDER: Based on counsels' active status in the Northern District and commitment to appear for any in-person hearings, the Court GRANTS Proposed Intervenors' 7 motion for leave to proceed without local counsel. Accordingly, the Court ORDERS that Andres Correa and Yaman Desai are designated as Proposed Intervenors' local counsel. (Ordered by Chief District Judge Reed O'Connor on 8/11/2026) (jnp) (Entered: 08/11/2026)	RECAP
	Aug. 11, 2026	Order on Application for Admission Pro Hac Vice
19	Aug. 17, 2026	RESPONSE filed by State of Texas re: 6 MOTION to Intervene (Tebo, Kyle) (Entered: 08/17/2026)	RECAP
20	Aug. 18, 2026	NOTICE of Attorney Appearance by Anna Louise Edwards on behalf of United States Department of Justice, Daren K Margolin, Todd Blanche. (Filer confirms contact info in ECF is current.) (Edwards, Anna) Modified filers on 8/19/2026 (hcc). (Entered: 08/18/2026)	RECAP
21	Aug. 18, 2026	MOTION to accept Defendants' position opposing intervention nunc pro tunc re 16 Order Setting Deadline/Hearing, 6 MOTION to Intervene filed by United States Department of Justice, Todd Blanche, Daren K Margolin (Edwards, Anna) Modified filers per document on 8/19/2026 (hcc). (Entered: 08/18/2026)	RECAP
22	Aug. 19, 2026	REPLY filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT re: 6 MOTION to Intervene (Brewer, Simon) (Entered: 08/19/2026)	RECAP
23	Aug. 21, 2026	OPINION & ORDER: Having considered the Motions, briefing, and relevant law, the Court DENIES the Motion to Intervene (ECF No. 6 ) for the reasons set forth below. The Court GRANTS Defendants' Nunc Pro Tunc Motion (ECF No. 21 ). (Ordered by Chief District Judge Reed O'Connor on 8/21/2026) (hcc) (Entered: 08/21/2026)	RECAP
24	Aug. 21, 2026	NOTICE OF APPEAL as to 5 Judgment, 23 Memorandum Opinion and Order, to the Fifth Circuit by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT. Filing fee $605, receipt number ATXNDC-16726508. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Brewer, Simon) (Entered: 08/21/2026)	RECAP
25	Aug. 27, 2026	Emergency MOTION to Stay re 5 Judgment, pending appeal filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Brewer, Simon) (Entered: 08/27/2026) 1 Proposed Order View on PACER	RECAP
26	Aug. 28, 2026	ORDER: Before the Court is Defendants' Emergency Motion for Stay Pending Appeal (ECF No. 25 ). In order for the Court to expeditiously address the issues presented, the Court ORDERS Plaintiff to respond no later than September 1, 2026. Defendants' counsel shall notify Plaintiff's counsel of this order no later than 3:00 pm on August 28, 2026, and shall file a pleading on the docket of this case explaining in detail how notice was made. (Ordered by Chief District Judge Reed O'Connor on 8/28/2026) (hcc) (Entered: 08/28/2026)	RECAP
27	Aug. 28, 2026	NOTICE of how notice was made re: 26 Order Setting Deadline/Hearing,,, Case Reopened,, filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Brewer, Simon) (Entered: 08/28/2026) 1 Exhibit(s) A View on PACER 2 Exhibit(s) B View on PACER 3 Exhibit(s) C View on PACER 4 Exhibit(s) D View on PACER	RECAP
28	Sept. 1, 2026	RESPONSE filed by State of Texas re: 25 Emergency MOTION to Stay re 5 Judgment, pending appeal (Tebo, Kyle) (Entered: 09/01/2026)	RECAP
30	Sept. 2, 2026	OPINION & ORDER: The Court DENIES Proposed Intervenors' 25 Motion. (Ordered by Chief District Judge Reed O'Connor on 9/2/2026) (jnp)	RECAP
29	Sept. 3, 2026	REPLY filed by Centro Legal de la Raza, City of Baltimore, MD, City of Columbus, Ohio, City of New Haven, CT re: 25 Emergency MOTION to Stay re 5 Judgment, pending appeal (Salzman, Joshua) (Entered: 09/03/2026)	RECAP
31	Sept. 4, 2026	Transcript Order Form: re 24 Notice of Appeal, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Brewer, Simon) (Entered: 09/04/2026)	RECAP
32	Sept. 11, 2026	USCA Case Number 26-10794 in United States Court of Appeals 5th Circuit for 24 Notice of Appeal, filed by Centro Legal de la Raza, City of New Haven, CT, City of Baltimore, MD, City of Columbus, Ohio. (tle) (Entered: 09/11/2026)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: June 22, 2026

Closing Date: June 22, 2026

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the State of Texas.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of Justice

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Take Care Clause

Other Dockets:

Northern District of Texas 7:26-cv-00070

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Immigration/Border:

Deportation - judicial review

Recommended Citation

Case Summary of State of Texas v. United States Department of Justice, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48322/ (last updated 8/3/2026).