In a scathing decision Tuesday, a federal judge tossed out the Trump administration’s lawsuit against every sitting federal judge in Maryland, calling the move “potentially calamitous” and far outside constitutional norms.
U.S. District Judge Thomas Cullen — himself a Trump appointee — didn’t hold back. He rebuked the administration’s public attacks on the judiciary, noting that White House officials had recently labeled judges “rogue,” “unhinged” and “crooked.”
“Smearing individual judges who rule against the Executive is both unprecedented and unfortunate,” Cullen wrote.
Why the lawsuit happened
The Justice Department sued over an order by Maryland’s chief district judge, George L. Russell III, that temporarily blocks the immediate deportation of migrants while they challenge their removals in court. DOJ argued the pause undermined the president’s power to enforce immigration laws.
But Cullen said the case had no legal footing — and even if it did, judges enjoy immunity. Letting it move forward, he wrote, would “run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law.”
Growing clash with the courts
Filed in June, the lawsuit marked an escalation in the administration’s ongoing battles with the federal judiciary, which has frequently halted elements of Trump’s immigration agenda. White House spokesperson Abigail Jackson called the Maryland order “a direct assault on the President’s ability to enforce the immigration laws” and vowed to fight on.
Trump has openly railed against rulings he dislikes, at one point urging Congress to impeach a federal judge who blocked deportation flights midair. The Justice Department has also lodged a misconduct complaint against that judge.
Maryland’s judges, represented by conservative legal heavyweight Paul Clement, countered that the lawsuit was an attempt to strip courts of their power to review certain immigration cases while the administration pushed mass deportations.
An extraordinary legal target
The suit named all 15 Maryland federal judges, court clerk staff, and the court itself — a legal maneuver so unusual it required bringing in Cullen from Virginia to oversee it.
By “casting its wide net,” Cullen wrote, the administration had “ensnared an entire judicial body… in novel and potentially calamitous litigation.” He urged the Executive Branch to use appeals rather than “confrontational” lawsuits when challenging judicial orders.
The order at the center of the fight
Judge Russell’s directive halts deportations until 4 p.m. on the second business day after a migrant files a habeas corpus petition. The aim, according to Russell, is to ensure immigrants can attend hearings, consult lawyers, and give the government time to make its case. The rule came after an influx of late‑day petitions that left judges scrambling to locate detainees.
DOJ lawyers blasted the order as an overreach, accusing the court of putting convenience over law. Clement, during an earlier hearing, stressed the unprecedented nature of suing an entire co‑equal branch of government.
The Trump administration has filed notice it will appeal.
