WASHINGTON, June 17 (Reuters) – A federal judge in Manhattan on Wednesday denied a request for nearly $1.4 million in legal fees sought by advocacy groups that had successfully challenged immigration rules erected during President Donald Trump’s first term that made it harder for some immigrants to obtain permanent residency.
In his , U.S. District Judge George Daniels said several groups including Make the Road New York did not qualify as “prevailing parties” under the federal Equal Access to Justice Act, which allows individuals and small organizations in some instances to recover limited legal fees from the federal government.
The Equal Access to Justice Act is gaining renewed attention as some of the hundreds of lawsuits against Trump’s second administration wrap up and successful attorneys pursue fee awards funded by taxpayers.
Daniels ruled that because the Biden administration reversed immigration rules in 2021 before a final judgment was issued in the litigation, the groups did not achieve an “enduring” legal victory warranting fees despite having won a preliminary injunction blocking the restrictions.
The Justice Department and Make the Road New York did not immediately respond to requests for comment.
Law firm Paul Weiss, which was among those seeking fees for its work representing groups in the cases, also did not immediately respond to a request for comment.
The decision hinged on the scope of a 2025 U.S. Supreme Court ruling that said winning a preliminary injunction does not make a group or individual a “prevailing party” eligible for fees if the case ends before a final ruling on the merits.
In the New York case, Daniels overturned a report from U.S. Magistrate Judge Ona Wang, who had that the new Supreme Court order did not apply. Wang said the EAJA law contains its own definition of “prevailing party.”
The Justice Department had urged Daniels to block fees in the New York cases, arguing that the Supreme Court’s order should apply.
The government also argued that its legal positions in the cases were substantially justified, and that the recommended award was excessive.
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