Trump-appointed judge dismisses DOJ lawsuit against Maryland-based judges over handling of immigration cases

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At issue was a standing order issued by Chief Judge George Russell on May 21 and updated a week later that described how federal judges in Maryland should handle cases involving immigrants facing an imminent risk of deportation. The order imposes a temporary stay of deportation for two business days while a case is considered.

The Justice Department sued, saying Russell had no authority to issue such a blanket order that effectively acts as a broad injunction against government actions without any assessment of whether the individual immigrants have valid cases.

U.S. District Judge Thomas Cullen, who normally sits in Virginia but was assigned the case because the Maryland judges could not participate, wrote in the ruling that filing suit against the judges was not the correct avenue with which to challenge the order.

“Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary," Cullen wrote in the ruling.

"Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns,” he added.

He did not address the substantive question of whether Russell had authority to issue the standing order.

https://www.msn.com/en-us/news/us/judge-dismisses-doj-lawsuit-against-maryland-based-judges-over-handling-of-immigration-cases/ar-AA1LfIBP

[LetMyPeopleVote]

1. Judge dismisses Trump lawsuit against Maryland-based judges over handling of immigration cases

The Trump administration alleged that the court had no authority to issue a standing order that imposes an automatic, two-day pause in deportation cases.

Judge dismisses Trump lawsuit against Maryland-based judges over handling of immigration cases

The Trump administration alleged that the court had no authority to issue a standing order that imposes an automatic, two-day pause in deportation cases.

www.nbcnews.com/politics/pol...

— Raymond Norman (@raymondnorman.bsky.social) 2025-08-26T15:19:48.300Z

https://www.nbcnews.com/politics/politics-news/judge-dismisses-trump-lawsuit-maryland-based-judges-handling-immigrati-rcna227233

WASHINGTON — A federal judge on Tuesday dismissed an unusual Trump administration lawsuit against every federal judge in Maryland over a standing order that limits the government’s ability to quickly deport immigrants.

U.S. District Judge Thomas Cullen, who normally sits in Virginia but was assigned the case because the Maryland judges could not participate, wrote in the ruling that filing suit against the judges was not the correct avenue with which to challenge the order.

At issue was a standing order issued by Chief Judge George Russell on May 21 and updated a week later that described how federal judges in Maryland should handle cases involving immigrants facing an imminent risk of deportation. The order imposes a temporary stay of deportation for two business days while a case is considered.

The Justice Department sued, saying Russell had no authority to issue such a blanket order that effectively acts as a broad injunction against government actions without any assessment of whether the individual immigrants have valid cases.

But Cullen, who was appointed by President Donald Trump, concluded that the administration would have to find another way to challenge the order instead of taking the unusual and confrontational approach of suing the judges directly.

[LetMyPeopleVote]

2. Deadline: Legal Blog--Trump appointee calls out Trump administration's efforts to 'smear' judges

Judge Thomas Cullen called executive officials’ remarks in recent months “both unprecedented and unfortunate.”

Trump appointee calls out Trump administration’s efforts to ‘smear’ judges www.msnbc.com/deadline-whi...

— @jimrissmiller.bsky.social 2025-08-26T18:37:41.370Z

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-judges-thomas-cullen-smear-judiciary-rcna227238

President Donald Trump’s second term has been marked by his administration’s attempts to bend or break the law and lashing out at judges who stand in the way. The administration’s remarks against judges led one of Trump’s own judicial appointees to speak out in a published opinion on Tuesday.

U.S. District Judge Thomas Cullen noted that in recent months, executive officials and their spokespeople “have described federal district judges across the country as ‘left-wing,’ ‘liberal,’ ‘activists,’ ‘radical,’ ‘politically minded,’ ‘rogue,’ ‘unhinged,’ ‘outrageous, overzealous, [and] unconstitutional,’ ‘[c]rooked,’ and worse.”......

But he wrote that “this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”......

“Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary,” Cullen wrote in dismissing the case, adding: “Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns.”,,,,,,

Notably, Cullen cited the Abrego case in his ruling Tuesday. Specifically, he cited an opinion from April by appellate Judge J. Harvie Wilkinson III, a Reagan appointee who has likewise called out the administration’s actions.

Cullen and Wilkinson haven’t been the only GOP appointees to do so. It’s unlikely they’ll be the last.