Washington – A federal judge dismissed on Tuesday an unusual demand for the Trump administration against each federal judge in Maryland for a permanent order that limits the government’s ability to quickly deport immigrants.
The United States District Judge, Thomas Cullen, who normally sits in Virginia, but the case was assigned because Maryland’s judges could not participate, he wrote in the ruling that file a lawsuit against the judges was not the right way to challenge the order.
In question it was a permanent order issued by the main judge George Russell on May 21 and was updated a week after he described how federal judges in Maryland should handle cases that involve immigrants who face an imminent risk of deportation. The order imposes a temporary deportation stay for two business days, while considering a case.
The Department of Justice demanded, saying that Russell had no authority to issue said general order that acts effectively as a broad court order against government actions without any evaluation of whether 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 adopting the unusual and confrontation approach to demand the judges directly.
“Like the Executive fights the characterization, a lawsuit from the government’s executive branch against the judicial branch for the exercise of the Judiciary is not ordinary,” he wrote.
“Whatever the merit of his complaint with the judges of the United States District Court for the Maryland district, the Executive must find a correct way to raise those concerns,” he added.
Russell’s order was issued in the midst of a burst of actions of the Trump administration that seek to accelerate deportations, sometimes without people having the opportunity to challenge the decision.
One of the most high profile cases in the country, which involved a Salvadoran man, Kilmar Abrego García, who was mistakenly deported back to his native country, arose in Maryland.
Cullen wrote in Tuesday’s ruling that, among other things, the administration lacked legal position for Sue and the judges are immune to such demand.
He did not address the substantive issue of whether Russell had authority to issue the permanent order.
The ruling is in line with the comments that Cullen made when he heard a audience in the case in Baltimore on August 13.
The dispute marks the last shock between the Trump administration and the Judiciary, with administration officials criticizing the judges who govern against Trump’s policies.
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