A U.S. federal judge on Tuesday dismissed the Justice Department’s lawsuit against fifteen federal judges in Maryland, who had issued an order barring the Donald Trump Administration from conducting deportations for at least 48 hours.
Federal Judge Thomas Cullen, nominated by President Donald Trump during his first term, rejected the government’s complaint, filed in May, that sought to remove this brake on its deportation process.
The order granted by the U.S. District Court of Maryland requires the Secretary to automatically issue a temporary restraining order against deportation or challenge the legal status of any alien detained in that state by immigration authorities, in order to review the legal safeguards of his or her detention.
“Any fair reading of the legal authorities cited by defendants leads to the inescapable conclusion that this court has no alternative but to dismiss the case. To hold otherwise would fly in the face of overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law,” the justice wrote
Cullen referred to habeas corpus, a legal guarantee that allows any detained person to request that a judge review the legality of his or her detention.
However, the federal judge noted that if the Administration insists on terminating this order, it must use a different procedure than directly attacking the judges, who, Cullen said, are immune to this type of lawsuit.
Attorney General Pam Bondi stated, when the lawsuit was filed, that this decision “undermines” the authority of the president and denounced that since he returned to power there has been an “endless barrage” of court actions against his immigration policy.
In addition to ruling against the Executive, Judge Cullen, who normally practices in federal court in the state of Virginia and was transferred to the Maryland court to prevent one of the judges named in the lawsuit from having to rule on the matter, accused the Trump Administration of having launched a campaign against the judiciary.
“This concerted effort by the Executive to discredit and discredit individual judges who rule against them is unprecedented and regrettable,” he added in a footnote to the verdict.
The Federal Court of Maryland has been the protagonist of some rulings against the Administration in immigration matters. It is the Court in which the process of the Salvadoran Kilmar Ábrego García, who was deported to El Salvador by mistake, was evaluated.
This Monday, the court granted that guarantee of at least 48 hours to Abrego after he was detained three days after his release, according to EFE.
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