BALTIMORE — The Department of Justice has filed an unprecedented lawsuit against all of Maryland's active federal judges.
Attorneys representing the federal government issued a scathing rebuke of the Maryland District Court's recently issued standing order barring the Trump Administration from deporting any illegal immigrant contesting their removal under Habeas Corpus.
Chief Judge George L. Russell III, an appointee of former President Barack Obama, posted the order back in May, leaving some constitutional law experts baffled.
The order doesn't stem from a particular Habeas case, but applies to any brought now or in the future.
In their Tuesday lawsuit, the DOJ calls Russell's directive "unlawful" and "invalid."
The government suggests knowing the Chief judge's reasoning behind the order.
"The automatic injunction is admittedly motivated by defendants frustration with hearings related to the Administration’s immigration enforcement actions and a desire to avoid handling cases outside regular business hours," the DOJ states in court documents. "But a sense of frustration and a desire for greater convenience do not give Defendants license to flout the law. Nor does their status within the judicial branch."
Regardless of why Russell released the order, he had no legal authority to do so, according to the government.
"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.
DOJ lawyers complain the order already caused issues with ICE removal proceedings, specifically highlighting one case, Hernandez Escalante v. Noem.
"The petitioner was detained in Maryland, but the petitioner had already arrived at a detention facility in Texas on the previous day, June 5. Despite this undisputed fact, the Court entered and later extended the Amended Standing Order," the DOJ explained.
The government goes further indicating Russell's order invites advantageous and potentially dishonest lawsuits, only worsening the situation.
"The Orders invite aliens to allege that they were in Maryland at the time of filing in order to take advantage of the Orders. The Orders exacerbate this problem by permitting filings on behalf of an alien, even though the filer may not know the alien’s location at the time of filing. This problem has already materialized in practice," the DOJ argued.
Additionally, the government accuses Russell and his fellow judges of carrying out "an improper intrusion," that not only "robs the Executive Branch," but also tramples on immigration judges holding asylum hearings and removal proceedings.
"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 alleges.
Ultimately the lawsuit is a culmination of an ongoing separation of powers battle between the Trump White House and judiciary.
Trump and his allies have heavily criticized unelected district level judges, many here in Maryland, who've continuously legislated from the bench by imposing nationwide injunctions, slowing the President's policies and agenda.
The DOJ made that very case in their lawsuit.
"In the first 100 days of President Trump’s current Term, district courts have entered more nationwide injunctions than in the 100 years from 1900 to 2000, requiring the Supreme Court to intervene again and again in recent weeks to pause the unlawful restraint of the President’s exercise of core Article II powers," the DOJ stated. "District courts have used and abused their equitable powers to interfere with the prerogatives of the Executive Branch to an unprecedented degree."
For transparency purposes, the DOJ is seeking to have all Maryland judges recuse themselves from hearing the case.
The DOJ believes the move is necessary because they question whether "judges who are named defendants in a matter can be impartial while adjudicating."
In the government's opinion, the case needs to be transferred to another district or referred to a randomly selected judge in a different district.
DOJ has sued the district court in Maryland to stop their unlawful practice of issuing “automatic injunctions” for illegal aliens detained in MD who file a habeas petition.
— Chad Mizelle (@ChadMizelle47) June 25, 2025
This Department of Justice will continue to vigorously defend @POTUS’s ability to implement his agenda…
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.
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. It comes at a time when the U.S. Supreme Court it already weighing the legality of nationwide injunctions.
