WASHINGTON — A federal judge on Tuesday dismissed an unusual Trump administration lawsuit against every federal judge in Maryland over a standing order that limits the government’s ability to quickly deport immigrants.
U.S. District Judge Thomas Cullen, who normally sits in Virginia but was assigned the case because the Maryland judges could not participate, wrote in the ruling that filing suit against the judges was not the correct avenue with which to challenge the order.
At issue was a standing order issued by Chief Judge George Russell on May 21 and updated a week later that described how federal judges in Maryland should handle cases involving immigrants facing an imminent risk of deportation. The order imposes a temporary stay of deportation for two business days while a case is considered.
The Justice Department sued, saying Russell had no authority to issue such a blanket order that effectively acts as a broad injunction against government actions without any assessment of whether the individual immigrants have valid cases.
But Cullen, who was appointed by President Donald Trump, concluded that the administration would have to find another way to challenge the order instead of taking the unusual and confrontational approach of suing the judges directly.
“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 wrote.
“Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns,” he added.
Russell’s order was issued amid a flurry of Trump administration actions seeking to expedite deportations, sometimes without people being given the opportunity to challenge the decision.
One of the most high-profile cases in the country, involving a Salvadoran man, Kilmar Abrego Garcia, who was wrongly deported back to his native country, arose in Maryland.
Cullen wrote in Tuesday’s ruling that, among other things, the administration lacked legal standing to sue and the judges are immune from such a lawsuit.
He did not address the substantive question of whether Russell had authority to issue the standing order.
The ruling is in line with comments Cullen made when he heard a hearing in the case in Baltimore on Aug. 13.
The dispute marks the latest clash between the Trump administration and the judiciary, with administration officials harshly criticizing judges who rule against Trump’s policies.
This is a developing story. Please check back for updates.
