Immigration Law
Trump administration sues Maryland federal court and its judges over standing order on deportations
The Trump administration has filed a lawsuit in Maryland federal court against the court itself and its judges in an effort to overturn a standing order that automatically bars the deportation of detained immigrants who file habeas petitions. (Image from Shutterstock)
The Trump administration has filed a lawsuit in Maryland federal court against the court itself and its judges in an effort to overturn a standing order that automatically bars the deportation of detained immigrants who file habeas petitions.
According to a June 25 press release from the Department of Justice, the standing order “is yet another egregious example of unlawful judicial overreach into the executive branch’s ability to enforce and administer federal law.”
Law.com, Reuters, Bloomberg Law and the New York Times covered the unusual June 24 suit.
A separate DOJ motion seeks seeks recusal of the defendant judges. The case should be transferred to another district, or a different judge should be appointed to handle the case, the motion says.
Chief U.S. District Judge George L. Russell III of the District of Maryland signed the initial standing order May 21 and a revised order May 28. The order keeps the injunction in place for nearly two business days unless it is extended by the judge hearing the case.
The “automatic injunction issues whether or not the alien needs or seeks emergency relief, whether or not the court has jurisdiction over the alien’s claims, and no matter how frivolous the alien’s claims may be,” the suit says. “And it does so in the immigration context, thus intruding on core executive branch powers.”
Bloomberg Law noted the unusual posture of the case.
“The lawsuit is certain to raise questions of judicial immunity, as judges typically can’t be sued over their official acts,” the article says.
In an interview with Reuters, Marin Levy, a professor at the Duke University School of Law, said the suit “is a shocking move by the Justice Department that is simply unprecedented.”
“It seems like part of a strategic attempt to attack the courts, rather than any sort of good faith litigation,” Levy said.
The case is United States v. Russell.
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