BALTIMORE — A federal judge has thrown out the Department of Justice's lawsuit against the entire Federal District Court of Maryland over a standing order barring immediate deportations of illegal immigrants who've filed Habeas Corpus claims.
Back in June, Attorney General Pam Bondi took the unprecedented step of suing all 15 federal judges in Maryland, 13 of which were appointed by Democratic Administrations.
The DOJ argued Chief Judge George Russell issued an "unlawful" and "invalid" order hindering the government's ability to conduct removal proceedings for those illegally in the country.
DOJ attorneys chalked Russell's actions up to an "egregious example of judicial overreach interfering with Executive Branch prerogatives."
They claim district courts lack jurisdiction over immigration matters.
"Congress has stripped federal courts of jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien,” the DOJ said citing the Immigration and Nationality Act.
As result of the lawsuit and to avoid conflicts of interest, the case was assigned to Judge Thomas T. Cullen, out of Virginia, an appointee of President Donald Trump, during his first Administration.
While Cullen said the DOJ's arguments were fair, he said they were done so in an improper forum.
Attorneys representing the judges argued they were immune from civil liability because Russell's orders were carried out as an official judicial act, and therefore were nonjusticiable.
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Cullen agreed, ultimately ruling against the DOJ and in favor of his fellow federal judges.
"Any fair reading of the legal authorities cited by Defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss. To hold otherwise would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law," Cullen concluded.
Rather than suing an entire co-equal branch of government, in this case the federal judiciary, Cullen instead recommended the DOJ appeal Russell's ruling.
