June 26, 2025
In an unprecedented legal move, the US Department of Justice (DOJ) has launched a lawsuit against the US District Court for the District of Maryland, including all of its 15 judges. This dramatic action, taken on Tuesday, stems from a controversial court order issued last month that imposes a mandatory two-business-day delay on the deportation of migrants who initiate new lawsuits contesting their detention in Maryland.
The court defended its decision by pointing out the logistical nightmares caused by a surge in habeas petitions filed during non-business hours, which have led to chaotic and unsatisfactory hearings. The order was designed to pause deportations until 4:00 PM on the second business day following the filing of a Notice, providing the legal system sufficient time to process each case appropriately.
However, the DOJ in its complaint, claims that this order not only breaches legal standards for issuing injunctions, particularly the lack of "immediate and irreparable injury" to the movant, but also exceeds the court's jurisdiction. The complaint specifically references 8 USC § 1252, a statute that restricts the scope of district courts' authority over immigration issues.
The plaintiffs argue that the Maryland court's orders severely disrupt the operational capabilities of Immigration and Customs Enforcement (ICE). The DOJ is seeking both preliminary and permanent injunctions to halt the enforcement of these standing orders, asserting that they improperly impose judicial constraints on immigration enforcement and violate established requirements for local rules.
This lawsuit marks a significant clash between federal judicial authority and executive immigration enforcement, underscoring the ongoing national debate over immigration policies and the limits of judicial intervention. The outcome of this case could have far-reaching implications for how immigration laws are enforced across the United States.