A Trump-appointed judge has dismissed the Department of Homeland Security’s lawsuit against all 15 federal judges in Maryland, criticizing the administration for the confrontational legal action. The lawsuit challenged a policy requiring automatic pauses in deportation cases, which the judge argued the executive branch lacked standing to contest.
Judge Thomas Cullen, an appointee of President Donald Trump, ruled that the judges were protected by judicial immunity and that the administration’s approach was inappropriate. Cullen expressed disappointment with the administration’s approach, stating that challenging the policy on a case-by-case basis would have been the appropriate route.
The policy, known as a standing order, requires court clerks in Maryland to automatically enter administrative pauses lasting two days in deportation cases. This effectively bars the Department of Homeland Security from deporting or changing the legal status of an immigrant until a judge has reviewed the case.
Chief Judge George Russell, who issued the standing order, noted that the policy change was necessary to maintain the status quo in deportation cases until a judge could examine them. He cited an influx of immigration lawsuits brought in the court, including on weekends and holidays.
Government attorneys argued that the order encroached on the department’s authority over immigration policy, claiming that a ‘sense of frustration and a desire for greater convenience do not give Defendants license to flout the law.’ They maintained that the court does not have authority to automatically interfere with all deportation proceedings and briefly put a on hold.
Cullen, who is based in the Western District of Virginia, presided over the lawsuit because the Maryland judges recused themselves. His 39-page order was laced with harsh words for the Trump administration, stating that the Executive had chosen a ‘different, and more confrontational path entirely’ than to challenge the policy on a case-by-case basis.
The judge’s comments reflect a growing tension between the executive branch and the judiciary, as district court judges have routinely hindered the executive branch from carrying out Trump’s top agenda items, including on immigration, tariffs, and government cuts. Cullen described this as an unprecedented effort by the Executive to smear and impugn individual judges who rule against it.
The Trump administration quickly appealed Cullen’s decision to the U.S. Court of Appeals for the Fourth Circuit, setting the stage for further legal battles over the issue.