Overview
- U.S. District Judge Thomas Cullen threw out the Justice Department’s June suit, finding the government lacked standing and that the Maryland judges are immune from such a case.
- At issue was Chief Judge George L. Russell III’s standing order that automatically pauses removals until 4 p.m. on the second business day after a habeas petition is filed.
- Cullen, a Trump appointee brought in from Virginia because all Maryland judges were named, said the executive must challenge the order through proper legal channels rather than suing the judiciary.
- Justice Department lawyers argued the pause violates Supreme Court precedent and hinders enforcement, while the judges’ counsel, Paul Clement, warned the suit threatened judicial independence.
- The decision does not resolve whether the Maryland order is lawful, so the policy remains operative as broader fights over rapid deportations continue, including cases spotlighted by the wrongful removal of Kilmar Abrego Garcia.