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The Justice Department on Wednesday filed a lawsuit against all 15 sitting judges on Maryland’s federal bench, challenging a recent court order that temporarily halts certain deportation proceedings. The rare legal action alleges that the court has overstepped its authority in handling immigration cases.
At the center of the dispute is a standing order issued last month by the U.S. District Court for the District of Maryland, which requires clerks to automatically impose a two-day administrative pause in all habeas corpus petitions filed by individuals contesting immigration detention. The order effectively delays deportations for 48 hours in such cases, preventing the Department of Homeland Security from acting on removal orders during that window.
In its complaint, the Trump administration argues that the court’s policy constitutes “judicial overreach” and unlawfully impedes the executive branch’s authority to enforce immigration laws.
“A sense of frustration and a desire for greater convenience do not give Defendants license to flout the law,” government attorneys wrote. “Nor does their status within the judicial branch.”
The Maryland court’s standing order was implemented in response to what it described as a surge in late-hour legal filings by immigrants in detention, particularly on weekends and holidays. In its rationale, the court cited mounting logistical challenges in scheduling timely hearings and obtaining accurate information on petitioners’ locations and legal statuses.
“The recent influx of habeas petitions concerning alien detainees purportedly subject to improper and imminent removal from the United States that have been filed after normal court hours and on weekends and holidays has created scheduling difficulties,” the court’s order stated.
It added that rushed hearings often lacked clarity due to the difficulty in determining where detainees were being held.
In addition to the lawsuit, the Justice Department has requested that all 15 Maryland judges named in the case recuse themselves, citing a conflict of interest. It has also asked that the case be reassigned to another district or overseen by an external judge.
While lawsuits against individual judges or courts are not without precedent, it is virtually unheard of for the Justice Department to sue an entire district court bench.