Virginia judge tosses DOJ lawsuit against Maryland judges over immigration case handling

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189 arrested in 'Make D.C. Safe and Beautiful' immigration crackdown (U.S. Immigration and Customs Enforcement Department of Homeland Security)

BALTIMORE, Md. - A Virginia federal judge has dismissed an unusual lawsuit between the Trump administration and federal judges in Maryland over an order that blocks the immediate removal of any detained immigrant who requests a court hearing.

Judicial orders spark federal lawsuit 

The backstory:

In a highly unusual move, the Justice Department filed a lawsuit in June against the entire federal court in Maryland. The suit was in response to a standing order issued by Chief Judge George L. Russell III, which was designed to prevent the immediate deportation of immigrants who had filed petitions challenging their detentions. 

This action was seen as an escalation of the administration's ongoing conflict with the judiciary over immigration enforcement.

The court's response to the lawsuit

What we know:

U.S. District Judge Thomas Cullen, who was a Trump appointee who normally sits in Virginia, was specially assigned to preside over the case. In his ruling, he dismissed the lawsuit, finding that it was an improper challenge that went against established legal precedent and the principle of separation of powers. 

He stated that the administration should have used a more traditional legal process, such as appealing a decision in a specific case, rather than suing all 15 judges. Judge Cullen's decision notes that the court's standing order was a reasonable and common judicial act intended to preserve its jurisdiction and ensure that immigrants have access to legal counsel.

The lawsuit was filed in response to a "rising tide of last-minute immigration petitions" that made it difficult for the court to review cases, according to attorneys for the judges. The dispute highlights the conflict between the executive and the judiciary, with members of the Trump administration criticizing judges who oppose policies set forward by the administration. 

The Justice Department argued that the automatic pause in deportations violated a Supreme Court ruling. In his decision, Judge Cullen also criticized the administration's public attacks on the judiciary, calling the effort to "smear and impugn" judges both "unprecedented and unfortunate."

Paul Clement is a prominent conservative lawyer and former solicitor general who represented the Maryland judges. Clement stated during the hearing that "there really is no precursor for this suit" and that the lawsuit was intended to "limit the power of the judiciary to review certain immigration proceedings while the Trump administration pursues a mass deportation agenda."

Local perspective:

Kilmar Abrego Garcia, a man who was mistakenly deported to El Salvador in March despite a judge's ruling that he faced a "well-founded fear" of violence there, was one of the most high-profile cases in the country. The case rose to prominence in Maryland. 

THE LATEST: Kilmar Abrego Garcia

Images of Kilmar Abrego Garcia as he reported to the ICE detention center in Baltimore on Monday, just days after his release from jail. ICE alerted his attorneys Friday that he could be deported to Uganda and was ordered to report to authorities.