A federal judge on Tuesday dismissed a lawsuit filed by the Trump administration targetting all 15 federal judges in Maryland, according to a report published by The Associated Press. The suit challenged an order from Maryland’s chief judge that temporarily halted the immediate deportation of migrants who were seeking judicial review of their removals.
According to the report, US District Judge Thomas Cullen — appointed by Trump in 2020 — granted the judges’ request to toss the case. Cullen was assigned because the lawsuit named the entire Maryland federal bench, in an uncommon and aggressive legal move reflecting the administration’s frustration with courts seemingly slowing immigration enforcement.
During an August hearing, Cullen questioned the need to sue all Maryland judges, showing skepticism toward the administration’s approach.
The Controversial Maryland Order
The order, signed by Chief Maryland District Judge George L Russell III, stops immediate deportations of immigrants challenging their detention until 4 pm on the second business day after their habeas corpus petitions are filed. This pause aims to “maintain existing conditions”, protect migrants’ ability to participate in court proceedings, access attorneys, and allow the government time to present its case, the order states, per AP.
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The Justice Department, which filed the lawsuit in June, argued that this automatic pause violates a Supreme Court ruling and undermines the president’s authority to enforce immigration laws. The department has been increasingly vocal about federal judges blocking Trump’s immigration agenda.
“The United States is a plaintiff here because the United States is being harmed,” Justice Department attorney Elizabeth Themins Hedges reportedly said, while emphasizing the Trump administration’s view that the pause hinders effective immigration enforcement.
Tensions Rise Over Habeas Petitions and Deportations
According to the report, Judge Russell amended the pause order after a surge in habeas petitions filed after court hours, which created “hurried and frustrating hearings” due to unclear information about detainees’ locations and statuses. Habeas petitions, the report said, let detainees challenge their detention.
The Trump administration had accused Maryland judges of prioritising convenience over the law. Court documents cited by the news agency stated, “A sense of frustration and a desire for greater convenience do not give Defendants license to flout the law.”
Among the judges named is Paula Xinis, who in March ruled that the administration illegally deported Kilmar Abrego Garcia to El Salvador, where he reported being tortured in a notorious prison. After the government brought Abrego Garcia back and charged him with human smuggling, Xinis barred immediate immigration custody if he’s released from jail pending trial.
Trump has frequently criticised judicial rulings against his immigration policies and has on earlier occasions even called for impeaching a Washington federal judge who blocked deportations. The Justice Department filed a misconduct complaint against that judge in July.
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