High Court Clears Trump to End Biden Deportation Pauses
WHO:
Alternet - David Cheng was appointed to the immigration bench by President Trump’s Attorney General Jeff Sessions.
Alternet - David Cheng was an assistant chief immigration judge in Newark, New Jersey, appointed by Attorney General Jeff Sessions in 2017; before serving on the bench, he spent 15 years as a government immigration attorney, including at Immigration and Customs Enforcement.
Newsweek - The Supreme Court justices considered an emergency appeal by Democratic-led cities.
IJR - The Supreme Court, the Trump administration, Texas, Democratic-led cities, and an immigrant rights group were involved in the dispute.
IJR - Democratic-led cities and an immigrant rights group sought to restore the policy; Texas sued the Trump administration.
WHAT:
Alternet - Cheng said immigration courts already had enormous backlogs, which the administration’s immigration crackdown compounded.
Alternet - Cheng said he resigned in July 2025 after eight years on the bench.
Alternet - Cheng resigned from his government career after 25 years, saying the administration’s demands conflicted with his reasons for entering public service.
Alternet - Cheng said judges were expected to handle 100 morning cases in about two hours, although spending two minutes on each would take roughly three and a half hours.
Newsweek - The Supreme Court rejected an emergency appeal seeking to restore a Biden-era immigration rule, allowing Trump to undo the policy.
IJR - The Supreme Court declined to restore a Biden-era policy that allowed immigration judges to temporarily pause some deportation cases.
IJR - The ruling left in place a court order issued after Texas sued the Trump administration.
IJR - The justices gave no explanation for rejecting the appeal.
WHERE:
Alternet - Cheng previously served as an assistant chief immigration judge in Newark, New Jersey.
WHY:
Truthout - Opponents characterized the agreement between the Justice Department and Texas at the center of the case as “egregious collusion.”
Alternet - Cheng said the pressure to move through hearings quickly left little time to consider each case and compromised his ability to ensure immigrants received due process.
IJR - Democratic-led cities and an immigrant rights group said the policy helped protect crime victims and neglected children.
IJR - Texas argued that the policy enabled immigrants to remain in the country indefinitely.
(UPDATED October 28, 2026 02:58 UTC)
The Supreme Court declined to restore a Biden-era policy that let immigration judges temporarily pause some deportation cases, leaving in place a court order after Texas sued the Trump administration. Democratic-led cities and an immigrant rights group said the policy protected crime victims and neglected children, while Texas argued it allowed immigrants to stay indefinitely. David Cheng, a former assistant chief immigration judge in Newark appointed by Attorney General Jeff Sessions, said he resigned after years on the bench because pressure to move through cases quickly left too little time to ensure due process.
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(UPDATED October 28, 2026 00:08 UTC)
The Supreme Court declined to restore a Biden-era policy that let immigration judges temporarily pause some deportation cases, leaving in place a court order after Texas sued the Trump administration. Democratic-led cities and an immigrant rights group said the policy protected crime victims and neglected children, while Texas argued it could let immigrants stay in the country indefinitely; the justices gave no explanation for rejecting the appeal. Separately, former Newark immigration judge David Cheng resigned after 25 years in government, saying pressure to move through hearings quickly left too little time to consider cases and ensure due process.
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(UPDATED October 27, 2026 21:07 UTC)
The Supreme Court rejected an emergency appeal to restore a Biden-era immigration policy, allowing the Trump administration to keep ending the rule. The policy let immigration judges temporarily pause some deportation cases, and the justices gave no explanation for their decision, leaving in place a court order that followed Texas’s lawsuit. Democratic-led cities and an immigrant rights group argued the rule protected crime victims and neglected children, while Texas said it allowed immigrants to remain in the country indefinitely.