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2w ago

Judge Questions Trump Administration’s Suit Against Maryland Judges Over Habeas Deportation Pause

Judge Thomas Cullen questioned the necessity of suing all 15 Maryland judges, setting a deadline for his ruling by Labor Day.

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Former U.S. Attorney Thomas Cullen, center, now a Donald Trump-appointed U.S. district judge, speaks with the media in Charlottesville Federal Court in Charlottesville, Va, March 27, 2019.
Attorney General Pam Bondi speaks on recent Supreme Court rulings in the briefing room at the White House in Washington, D.C., on June 27.
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Overview

  • At an Aug. 13 hearing in Baltimore, U.S. District Judge Thomas Cullen expressed skepticism about the Justice Department’s decision to sue all 15 Maryland federal judges and said he would issue a ruling by Labor Day.
  • The Trump administration is seeking an injunction to block Chief Judge George L. Russell III’s standing order, which automatically pauses deportations for two business days after an immigrant files a habeas petition in Maryland.
  • Maryland’s federal judges have asked the court to dismiss the suit, arguing the action is legally baseless, threatens judicial independence, and that federal judges enjoy immunity from such challenges.
  • DOJ lawyers contend the standing order unlawfully impedes immigration enforcement and has been applied in at least a dozen cases to delay deportations while courts assess habeas claims.
  • Legal experts warn the outcome could set a precedent affecting separation of powers and judicial authority, and either party is expected to appeal the district court’s decision.