BALTIMORE — The District Court of Maryland has responded to a lawsuit filed by the Trump Administration over its standing order barring immediate deportations illegal immigrants contesting their removal under Habeas Corpus.
Attorneys representing the Maryland judiciary are accusing the White House of violating the Federal Government's separation of powers.
"It has already profoundly disrupted the operation of an entire judicial district," their lawyers wrote in court documents.
The argument from the bench rings similar to complaints Trump and company have long lodged against district court judges, who they claim have continuously robbed the executive branch of exclusive Article II powers afforded by the U.S. Constitution.
"Defendants lawless standing orders are nothing more than a particularly egregious example of judicial overreach interfering with Executive Branch prerogatives—and thus undermining the democratic process," the DOJ said in their initial lawsuit.
Instead of suing the entire district court, the defense says Trump's team should've disputed a specific case or controversy.
"The obvious and proper way to address the validity of judicial rules is for the Executive to raise its objections in individual cases, which would not require the recusal of the entire district, the retention of private counsel, or the intervention of the Fourth Circuit." their lawyers wrote in court filings.
Unfortunately though Chief Judge George L. Russell's order didn't stem from a particular Habeas case either, but applied to any brought now or in the future.
Contradictory to what many of the judges currently sitting in Maryland have already put Trump officials through in various court proceedings, members of the judiciary now seem concerned about the possibility of being deposed or cross-examined.
"If allowed to proceed, the tensions between the branches produced by such a suit would only escalate, with executive depositions of judicial officers (and vice-versa) and cross-examinations exploring judicial motivations and executive necessities in open court," their lawyers wrote.
The district court also suggests Russell's orders are nonjusticiable.
For different reasons, Trump seems to agree with that assessment because, as the DOJ puts it, citing the Immigration and Nationality Act, "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.”
Nonetheless, to avoid conflicts of interest, the case has been assigned to a district court judge based out of Virginia, whose expected to issue an initial ruling later this month.
A total of 15 judges are named in the lawsuit. Of them, 13 were appointed by Democratic Administrations.
The overwhelming majority have been at the center of high profile rulings against the Trump Administration. At least one judge, Theodore D. Chuang, had articles of impeachment filed against them.
Many of the issued injunctions remain in litigation on appeal. A good portion have already been overturned while the case plays out.
Judge George L. Russell III, appointed by former President Barack Obama
Russell is at the center of this lawsuit for his standing order, issued last month.
Judge Adam Abelson, appointed by former President Joe Biden
Abelson in February ruled in favor of Baltimore City challenging President Trump's executive orders ending federal grants to organizations involved in Diversity, Equity and Inclusion efforts. The Fourth Circuit Court of Appeals later overturned the decision.
Judge Catherine C. Blake, appointed by former President Bill Clinton
Judge Deborah L. Boardman, appointed by former President Joe Biden
Earlier this month Boardman ordered the Trump Administration to reinstate hundreds of millions in AmeriCorps funding, and to bring back more than 700 workers previously let go.
Boardman was also one of several judges to strike down Trump's executive order aimed at ending birthright citizenship.
Judge James K. Bredar, appointed by former President Barack Obama
In April Bredar issued a preliminary injunction against the Trump Administration barring the mass firing of government probationary workers. He was later overruled by the Fourth Circuit Court of Appeals.
Judge Deborah K. Chasanow, appointed by Bill Clinton
Judge Theodore D. Chuang, appointed by former President Barack Obama
In March Chuang ruled Elon Musk and DOGE's involvement in shutting down USAID was likely unconstitutional, ordering the reinstatement of cutoff access to employees and contractors previously placed on leave. The order was later paused by the Fourth Circuit Court of Appeals.
Judge Lydia Kay Griggsby, appointed by former President Joe Biden
Judge Ellen L. Hollander, appointed by former President Barack Obama
In March Hollander ordered a halt to DOGE's access of Social Security employee information. The U.S. Supreme Court overruled her earlier this month.
Judge Brendan A. Hurson, appointed by former President Joe Biden
In February Hurson ruled to halt the effects of President Trump's executive order restricting gender-affirming care for Americans under 19. While Hurson's order was not overturned specifically, the Supreme Court recently upheld a Tennessee law barring gender affirming care for minors.
Judge Matthew J. Maddox, appointed by former President Joe Biden
Earlier this month Maddox ordered the Trump Administration to reinstate three fired members of the United States Consumer Product Safety Commission. While his specific order is still being appealed, the Supreme Court recently affirmed firings of members of other boards appointed in similar capacities.
Judge Julie R. Rubin, appointed by former President Joe Biden
In March Rubin ordered the White House to reinstate previously terminated DEI grants for teachers. She was overruled the following month on appeal.
Judge Paula Xinis, appointed by former President Barack Obama
Xinis was in the national spotlight for her ruling ordering the feds to "effectuate" the return of Kilmar Abrego Garcia. The case reached the Supreme Court who ruled the U.S. must "facilitate" his release. This prompted a battle between the Executive and Judicial branches on what the justices truly meant. Eventually Garcia was returned, however, to face federal human trafficking charges.
Judge Richard D. Bennett, appointed by former President George W. Bush
Judge Stephanie A. Gallagher, first appointed by former President Barack Obama, then reappointed by President Donald Trump during his first term.
In April Gallagher ordered the government to facilitate the return of another man mistakenly deported to El Salvador. That case is still pending.
The lawsuit against the judges can be reviewed below.
