BALTIMORE — A federal judge expressed doubt on Wednesday regarding the necessity of a lawsuit launched by the Trump administration against Maryland’s entire federal judiciary. This extraordinary legal action aims to contest an order temporarily halting the deportation of migrants who are challenging their removals.
During a hearing in Baltimore, U.S. District Judge Thomas Cullen did not issue an immediate ruling but raised significant questions about the administration’s unprecedented approach. Cullen, who presides over the Western District of Virginia, was assigned to the case due to the unusual circumstance of having all 15 of Maryland’s federal judges as defendants, highlighting the administration’s confrontational stance toward courts that impede its immigration policies.
The lawsuit centers on an order from Chief Judge George L. Russell III, which prevents the deportation of any immigrants seeking judicial review until 4 p.m. on the second business day after their habeas corpus petitions are filed. According to the Justice Department, this automatic pause undermines President Donald Trump’s authority to enforce immigration laws.
Attorneys for the judges contend that the lawsuit is an attempt to curtail the judiciary’s ability to evaluate immigration cases amid the administration’s efforts for mass deportations. Attorney Paul Clement, representing the judges, suggested that the administration could have pursued other legal avenues, such as appealing decisions in individual cases, rather than targeting the entire federal bench in Maryland.
Cullen asked the government’s legal team whether less drastic measures had been considered prior to filing the broad lawsuit. He noted that such an approach raised concerns about the potential for similar suits against higher courts, including appellate benches or even the Supreme Court.
Justice Department attorney Elizabeth Themins Hedges argued that the lawsuit does not pose a risk of initiating additional similar cases. She insisted that the government is seeking to overcome a judicial barrier that hampers efficient immigration enforcement. “The United States is a plaintiff here because the United States is being harmed,” she said.
Cullen, appointed to the federal bench by Trump in 2019, indicated he would determine by Labor Day whether to dismiss the lawsuit. Should the case proceed, he could also consider granting a preliminary injunction that would inhibit Maryland judges from complying with the protective order issued by Judge Russell.
The order aims to maintain conditions that allow immigrant petitioners to participate in legal proceedings and ensures the government has ample opportunity to respond adequately to their claims. As Judge Russell noted, the court has been inundated with habeas petitions, which has led to rushed hearings that have made it difficult to ascertain the status of detained individuals.
The government criticized the judges for allegedly prioritizing their schedules over the law. They claimed in court documents that judges’ frustrations and desires for convenience do not grant them permission to disregard legal standards. Among those named in the suit is Judge Paula Xinis, who previously ruled that the administration had unlawfully deported Kilmar Abrego Garcia, a case that garnered significant attention as part of Trump’s broader immigration policy.
Garcia, after being returned to the U.S., now faces charges of human smuggling in Tennessee, a move that his legal representatives argue is an attempt to validate the prior wrongful deportation. Judge Xinis recently barred the administration from detaining Garcia if he is released from custody while awaiting trial.
This complex legal battle underscores the ongoing tensions between the Trump administration and the judicial branch regarding immigration policy enforcement, as both sides brace for the impending court ruling.
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