In a significant legal development, a federal judge has dismissed a rare lawsuit filed by the Trump administration against every federal judge in Maryland. This lawsuit challenged a standing order that restricts the government's ability to swiftly deport immigrants. U.S. District Judge Thomas Cullen, who is typically based in Virginia but was assigned this case due to the unavailability of Maryland judges, determined that the proper course of action was not to sue the judges directly.
The case centered around a standing order issued by Chief Judge George Russell on May 21, which was updated shortly afterward. This order outlines how federal judges in Maryland should approach cases involving immigrants facing an immediate risk of deportation. Specifically, it imposes a temporary stay on deportations for two business days while the court considers the individual cases.
The Justice Department argued that Judge Russell overstepped his authority by issuing such a comprehensive order, claiming it effectively functioned as a broad injunction against government actions without assessing whether the individual immigrants had legitimate claims. However, in his ruling, Judge Cullen emphasized that the administration needed to pursue a more conventional and less confrontational method to contest the order.
Judge Cullen, who was appointed by President Donald Trump, remarked that a lawsuit initiated by the executive branch against the judicial branch for the exercise of judicial power is highly unusual. He stated, "Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary." He further noted that while the administration may have grievances against the judges of the United States District Court for the District of Maryland, it must find an appropriate way to voice those concerns.
This standing order was implemented amidst a series of actions by the Trump administration aimed at expediting deportations, often without giving individuals the opportunity to challenge their deportation decisions. One notable case involved Kilmar Abrego Garcia, a Salvadoran man who was wrongfully deported back to his home country, highlighting the risks associated with rapid deportation policies.
In his ruling, Judge Cullen pointed out that the Trump administration lacked the legal standing to sue the judges and affirmed that the judges are immune from such lawsuits. Importantly, he did not delve into the substantive issue of whether Judge Russell had the legal authority to issue the standing order. This ruling aligns with comments made by Cullen during a hearing in Baltimore on August 13.
This legal dispute represents the ongoing tensions between the Trump administration and the judiciary, with officials from the administration frequently criticizing judges who rule against their policies. The dismissal of this lawsuit underscores the complexities surrounding immigration law and the judicial checks on executive power in the United States.
