Fifteen federal judges in Maryland, led by Chief Judge George L. Russell III, have asked a court to throw out a lawsuit from the Trump administration. They say the lawsuit is unlike anything seen before and would seriously disrupt how the courts work.
The fight is over a rule Judge Russell issued in May that requires immigration authorities to wait two business days before deporting anyone who files a legal challenge against removal. The Justice Department sued in June, arguing the order was essentially an automatic ban on deportations that interferes with the president’s power to enforce immigration laws.
In a court filing Monday, the judges said the lawsuit has no legal basis and that the administration could have used normal legal channels, like an appeal, instead of suing them directly. They warned that allowing the lawsuit to continue could damage judicial independence and make it easier for presidents to sue entire courts in the future.
The judges also argued that federal law protects them from being sued for official judicial acts. They pointed out that past Supreme Court decisions the administration is relying on don’t actually apply to this case. They defended the two-day delay as a reasonable step to protect the court’s ability to handle cases before a person is deported.
Supporters of the administration, including Attorney General Pam Bondi, say the judges’ order is another example of courts blocking Trump’s agenda. Critics, like several law professors, call the lawsuit a dangerous attack on the separation of powers.
For now, the two-day deportation pause remains in place. The case is being handled by a judge from outside Maryland, since all Maryland federal judges have stepped aside from hearing it. The Maryland judges have asked for the lawsuit to be dismissed entirely.
