In response to the order issued by the chief judge of the Maryland Federal District Court in May to slow down the deportation of immigrants, the Trump administration’s Department of Justice filed a rare lawsuit on the 24th, accusing the Maryland Federal District Court and all 15 judges. The struggle between the Trump administration and the judiciary has been significantly escalated by this lawsuit.
In the complaint, the Department of Justice alleged that an order signed by Chief Judge George Russell of the Maryland Federal District Court in May interfered with the power of the executive branch. According to the order, if an undocumented immigrant or convicted immigrant who has been detained for two working days raises a legal challenge, the order will automatically prevent the immediate deportation of the immigrant. The Trump administration asked the court to rule that the order was illegal and requested an injunction to prohibit the execution of the order.
The lawsuit reads: “This lawsuit is another regrettable example of someone illegally using power to restrict the executive branch.” The Trump administration accused Russell’s order of violating Supreme Court precedent on when judges can issue injunctive relief.
In the complaint, the Justice Department’s lawyers pointed out that Russell’s “immigration enforcement background” for making the ruling violated the core power of the executive branch; the ruling triggered an automatic injunction without considering whether the immigrants needed or sought emergency relief, whether the court had jurisdiction over their claims, and whether those claims had any basis.
In a statement announcing the lawsuit, Attorney General Pam Bondi said that the American people elected President Trump to implement his policies, but just hours after his presidency began, his executive power was undermined by dozens of injunctions. “This pattern of judicial overreach undermines the democratic process and cannot continue.”
Russell issued the order at the end of May because as the Trump administration stepped up deportations, immigrants questioned the legality of detention and applied for “writs of habeas corpus” in large numbers; these petitions were often filed outside normal court hours, resulting in problems with trial scheduling and hasty and frustrating hearings.
After filing the complaint, the Justice Department requested that the case be moved out of the federal district court in Maryland and that the judge of the court recuse himself from the case. The Justice Department said the clerk’s office of the U.S. Court of Appeals for the 4th Circuit should randomly select a judge from another district to oversee the case or transfer it to another district court.
