Trump administration sues Maryland federal judges over order blocking removal of immigrants

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 in Baltimore against the chief judge of the U.S. District Court 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.

The Trump administration has repeatedly clashed with federal judges over its deportation efforts.

One of the Maryland judges named as a defendant in Tuesday's lawsuit, Paula Xinis, has called the administration's deportation of Kilmar Abrego Garcia to El Salvador illegal. Attorneys for Abrego Garcia have asked Xinis to impose fines against the administration for contempt, arguing that it ignored court orders for weeks to return him to the U.S.

And on the same day the Maryland court issued its order pausing removals, a federal judge in Boston said the White House had violated a court order on deportations to third countries with a flight linked to South Sudan.

A fired justice department lawyer said in a whistleblower complaint made public Tuesday that a top official at the agency had suggested the Trump administration might have to ignore court orders as it prepared to deport Venezuelan migrants it accused of being gang members.

Attorney General Pam Bondi said court injunctions "designed to halt" the president's agenda have undermined his authority since the first hours of his administration.

"The American people elected President Trump to carry out his policy agenda: this pattern of judicial overreach undermines the democratic process and cannot be allowed to stand," she said in a statement announcing the lawsuit against Maryland's district court.

The order signed by Russell says it aims to maintain existing conditions and the potential jurisdiction of the court, ensure immigrant petitioners are able to participate in court proceedings and access attorneys and give the government “fulsome opportunity to brief and present arguments in its defense.”

In an amended order, Russell said the court had received an influx of habeas petitions after hours that "resulted in hurried and frustrating hearings in that obtaining clear and concrete information about the location and status of the petitioners is elusive.”

The Trump administration has asked the Maryland judges to recuse themselves from the case. It wants a clerk to have a federal judge from another state hear it.

James Sample, a constitutional law professor at Hofstra University, described the lawsuit as further part of the erosion of legal norms by the administration.

On one hand, he said, the Justice Department has a point that injunctions should be considered extraordinary relief; it’s unusual for them to be granted automatically in an entire class of cases. But, he added, it’s the administration’s own actions in repeatedly moving detainees to prevent them from obtaining writs of habeas corpus that prompted the court to issue the order.

“The judges here didn’t ask to be put in this unenviable position,” Sample said. “Faced with imperfect options, they have made an entirely reasonable, cautious choice to modestly check an executive branch that is determined to circumvent any semblance of impartial process.”

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Associated Press writer Gene Johnson in Seattle contributed to this report.