The Trump administration has filed a lawsuit against federal judges in Maryland over an order that blocks the immediate removal of any detained immigrant who requests a court hearing.
The unusual suit filed Tuesday against the chief judge of the U.S. District Court in Maryland and the court’s other judges underscores the administration’s focus on immigration enforcement and ratchets up its fight with the judiciary.
At issue is an order signed by Chief Judge George L. Russell III and filed in May blocking the administration from immediately removing from the U.S. any immigrants who file paperwork with the Maryland district court seeking a review of their detention. The order blocks the removal until 4 p.m. on the second business day after the habeas corpus petition is filed.
In its suit, the Trump administration says such an automatic pause on removals violates a Supreme Court ruling and impedes the president’s authority to enforce immigration laws.
“Defendants’ automatic injunction issues whether or not the alien needs or seeks emergency relief, whether or not the court has jurisdiction over the alien’s claims, and no matter how frivolous the alien’s claims may be,” the suit says. “And it does so in the immigration context, thus intruding on core Executive Branch powers.”
The suit names the U.S. and U.S. Department of Homeland Security as plaintiffs.
The Maryland district court had no comment, Chief Deputy Clerk David Ciambruschini said in an email.
“President Trump’s executive authority has been undermined since the first hours of his presidency by an endless barrage of injunctions designed to halt his agenda,” Attorney General Pamela Bondi said in a statement.
