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A federal judge on Tuesday dismissed a highly unusual lawsuit filed by the Trump administration against every federal judge in Maryland, ruling that the executive branch cannot sue the judiciary to overturn a standing order that temporarily limits deportations.
U.S. District Judge Thomas Cullen, a Trump appointee who normally serves in Virginia, was assigned the case because Maryland’s judges recused themselves. In his ruling, Cullen said the Justice Department had no legal standing to sue and that judges are immune from such actions.
“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. “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.”
At the center of the dispute is a standing order issued May 21 by Chief Judge George Russell, later updated on May 28. The order directs Maryland federal judges to impose a two-day stay on deportations when immigrants face imminent removal, giving courts time to review their cases.
The Justice Department argued that Russell had no authority to issue such a blanket directive, calling it an improper injunction that shields all immigrants from deportation without evaluating the merits of individual claims. The administration’s lawsuit, filed in June, sought to invalidate Russell’s order by suing all Maryland federal judges collectively.
Cullen rejected the approach, saying the executive branch must pursue other legal avenues. He did not address whether Russell exceeded his authority in issuing the order.
The policy arose as the Trump administration moved to accelerate deportations nationwide, sometimes with limited opportunities for immigrants to challenge removal orders. One prominent case in Maryland involved Kilmar Abrego Garcia, a Salvadoran man who was mistakenly deported, drawing widespread criticism and prompting fresh scrutiny of expedited removal procedures.
During a hearing earlier this month in Baltimore, Cullen signaled skepticism about the lawsuit’s viability, echoing concerns that suing the judiciary itself could erode separation of powers. His ruling on Tuesday aligned with those comments.
The case underscores a broader clash between the Trump administration and the federal judiciary. The White House has frequently lashed out at judges who have blocked immigration and other policies, with Trump himself accusing courts of overreach.
The Justice Department has not said whether it will appeal Cullen’s ruling.
