An injunction is a court order that requires someone to do something or to stop doing it. Federal courts issue three kinds, which differ in how quickly they come, how long they last and what the requesting party must show. In immigration cases they are often what stands between a person and a transfer, a removal or a new policy taking effect.
Quick Facts
- Rule: Federal Rule of Civil Procedure 65
- TRO without notice: expires after no more than 14 days unless extended
- Preliminary injunction test: Winter v. NRDC (2008)
- Permanent injunction test: eBay Inc. v. MercExchange (2006)
- Immigration limit: 8 U.S.C. § 1252(f)(1) bars certain classwide injunctions
Temporary restraining order
A temporary restraining order (TRO) holds things in place for a very short time, sometimes before the other side can be heard. A court may issue one without notice only if specific facts show immediate and irreparable injury before the adverse party can be heard, and the order expires after no more than 14 days unless the court extends it for good cause (Fed. R. Civ. P. 65(b)). In immigration practice, TROs are commonly sought to stop an imminent removal or transfer while a habeas petition or other challenge is considered.
Preliminary injunction
A preliminary injunction preserves the situation while the case is decided, after notice to the other side (Fed. R. Civ. P. 65(a)). The party asking for it must show that it is likely to succeed on the merits, that it is likely to suffer irreparable harm without relief, that the balance of equities tips in its favor, and that an injunction is in the public interest (Winter v. Natural Resources Defense Council, 555 U.S. 7, 20 (2008)). The court may require the movant to give security in an amount it considers proper (Fed. R. Civ. P. 65(c)).
Permanent injunction
A permanent injunction comes with the final judgment, after the case is decided on the merits. The plaintiff must show irreparable injury, that legal remedies such as money damages are inadequate, that the balance of hardships favors an injunction, and that the public interest would not be disserved (eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006)).
Appeals and stays
Orders granting or refusing preliminary and permanent injunctions can be appealed immediately (28 U.S.C. § 1292(a)(1)). TROs generally cannot, because of their short life. The losing side can ask the court, the court of appeals or the Supreme Court to stay an injunction pending appeal, and much recent immigration litigation has been decided at that stage.
Limits in immigration cases
Two limits shape injunctions against immigration agencies. First, 8 U.S.C. § 1252(f)(1) bars lower courts from enjoining or restraining the operation of certain parts of the immigration statute other than as to an individual person, so classwide injunctions against those provisions are unavailable (Garland v. Aleman Gonzalez, 596 U.S. 543 (2022)). Second, since 2025 federal courts may not issue “universal” injunctions that protect people who are not parties (Trump v. CASA, Inc. (2025)). That is covered in Nationwide Injunctions After Trump v. CASA.
Sources
- Fed. R. Civ. P. 65; 28 U.S.C. § 1292(a)(1); 8 U.S.C. § 1252(f)(1)
- Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006)
- Garland v. Aleman Gonzalez, 596 U.S. 543 (2022)