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Judge Questions Trump Administration’s Unprecedented Lawsuit Against Maryland Judges

He will issue a ruling by Labor Day with the automatic two-day deportation pause remaining in effect until then.

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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

  • The DOJ sued all 15 Maryland federal judges in June to block Chief Judge Russell’s standing order pausing deportations for roughly two business days after habeas petitions are filed.
  • Maryland judges moved to dismiss the challenge, calling it a disruptive overreach that threatens judicial independence and arguing they are protected by judicial immunity.
  • The stay has been applied in at least a dozen cases to allow detainees time for counsel and court review before removal.
  • During the Aug. 13 hearing in Baltimore, Judge Thomas Cullen expressed skepticism of the government’s approach and questioned why it bypassed narrower appeal routes.
  • Any outcome is expected to be appealed, with potential implications for separation of powers and courts’ ability to manage urgent cases.