Immigration Litigation: What Happens When a Court Challenges an Immigration Policy?

Immigration policies can change quickly, but a new policy or rule does not always have the final word. Immigration policies are often challenged in federal court, and those lawsuits can affect whether, when, and how a policy is enforced.

Understanding immigration litigation can help you make sense of the changes you see in the news and what they may mean for your immigration case.

If you have questions about how immigration policy or updates may affect your case, contact Antonini & Cohen to schedule a consultation with one of our experienced Atlanta immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.

What Is Immigration Litigation?

Immigration litigation generally refers to legal action involving immigration laws, policies, government decisions, or enforcement practices.

For example, individuals, organizations, states, or other parties may file a lawsuit challenging a new immigration policy because they believe it violates federal law or the U.S. Constitution. Courts then review the legal arguments and determine whether the government can continue implementing the policy.

What Happens When an Immigration Policy Is Challenged?

Filing a lawsuit does not automatically stop a policy from taking effect. The person or group challenging the policy may ask the court to temporarily block it while the lawsuit moves forward.

You may see several different terms used during this process:

Temporary Restraining Order (TRO): An emergency, short-term pause. A judge may issue a TRO when immediate action is needed to prevent potential harm while the court has more time to consider the issue. TROs generally last for a limited period.

Preliminary Injunction: A longer temporary block while the lawsuit continues. Unlike a TRO, a preliminary injunction can remain in place while the court considers the underlying legal challenge. It is not a final decision on whether the policy is lawful.

Stay: A pause on a court ruling or legal proceeding. For example, if a judge blocks an immigration policy and the government appeals, a higher court could “stay” that ruling, allowing the policy to take effect again while the appeal is considered.

Permanent Injunction: A final court order prohibiting the government from enforcing the challenged policy or action as specified by the court.

The important distinction is where the case stands: a TRO provides immediate short-term relief, a preliminary injunction can keep a policy blocked while the case continues, a stay pauses the effect of a ruling or proceeding, and a permanent injunction comes after the court has decided the main legal issues in the case.

What Happens After a Court Blocks an Immigration Policy?

A court ruling may only be one step in a much longer process.

If a federal district court blocks a policy, the government may appeal that decision to a U.S. Court of Appeals. Depending on the case, the parties may also ask an appeals court to allow or stop enforcement of the policy while the appeal continues.

After an appellate decision, a party may ask the U.S. Supreme Court to review the case. The Supreme Court generally chooses which appeals it will hear, so not every immigration lawsuit will reach the Supreme Court.

This process is one reason you may see the status of an immigration policy change multiple times. A policy could be announced, challenged, temporarily blocked, allowed to resume, and later blocked again as the case moves through different courts.

How Litigation Affects Your Status or Case

Immigration litigation can directly affect how a government policy is implemented, but court decisions can change quickly as cases move through the legal system.

A policy being challenged does not necessarily mean it has been blocked. Similarly, a policy being temporarily blocked does not necessarily mean it has been permanently eliminated.

That is why it is important to look at the current status of the policy, the specific court order, who is covered by that order, and whether an appeal is pending before making decisions about your immigration case.

Antonini & Cohen Keeps You Up to Date

Antonini & Cohen Immigration Law Group closely monitors changes in immigration law, policy, and litigation that may affect our clients. Follow our Trump Immigration Bulletin for live immigration updates!

If you have questions about how a recent immigration policy or court decision may affect your case, contact Antonini & Cohen at (470) 428-3200 to schedule a consultation with one of our experienced Atlanta immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.