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The Trump administration’s Department of Homeland Security sued all 15 federal district court judges in the state of Maryland on Tuesday for halting all deportations under legal challenges by the state for 48 hours.
Attorneys said the judges overstepped President Donald Trump’s constitutional authority over immigration in the U.S.
Trump administration lawyers called the Maryland judges’ ruling an “egregious example of judicial overreach.”
“This lawsuit involves yet another regrettable example of the unlawful use of equitable powers to restrain the Executive. Specifically, Defendants have instituted an avowedly automatic injunction against the federal government, issued outside the context of any particular case or controversy. They did so by promulgating a standing order (“Standing Order”) and amended standing order (“Amended Standing Order”; together, “Orders”) that require the court clerk to automatically enter an injunction against removing, or changing the legal status of, any alien detained in Maryland who files a habeas petition,” the lawsuit against the judges said.
The complaint also argued the Supreme Court previously ruled judges have to rule on a case-by-case basis, claiming the order by Chief Judge George L. Russell III of the U.S. District Court in Maryland does “precisely what the Supreme Court has forbidden” by making a blanket ruling.
“A sense of frustration and a desire for greater convenience do not give Defendants license to flout the law,” the attorneys wrote in the filing. “Nor does their status within the judicial branch.”
The legal battle comes amid the widely publicized saga of illegal alien Kilmar Abrego García of El Salvador, who was living in Maryland, being deported and brought back to the U.S. to face criminal charges.
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