The Trump administration urged the 4th U.S. Circuit Court of Appeals on October 30, 2026 to revive an unprecedented lawsuit targeting all federal judges in Maryland. The lawsuit challenges a standing order by Chief U.S. District Judge George Russell that delays deportations by two days when detainees file habeas petitions. The legal battle reflects broader executive branch attempts to reshape immigration enforcement, alongside Supreme Court disputes over mandatory detention without bond and lawsuits against ICE policies concealing location data for over 16,000 detainees.
Appeal over Maryland federal judges lawsuit
- ▪Department of Justice attorney Sarah Welch argued to the 4th Circuit that the federal government possesses authority under In re Debs to file suit against Maryland judges to protect sovereign federal interests.
- ▪The U.S. Department of Justice urged the 4th U.S. Circuit Court of Appeals on October 30, 2026 to revive its lawsuit against every federal judge in Maryland.
- ▪Attorney Paul Clement, representing the Maryland federal judges, argued to the 4th Circuit that the executive branch's effort to sue an entire judicial district poses a grave threat to the separation of powers.
Maryland court standing order dispute
- ▪U.S. District Judge Thomas Cullen, a Trump appointee, previously dismissed the Justice Department's lawsuit against the Maryland federal judges, calling it part of an unprecedented campaign to impugn judges.
- ▪The Justice Department's lawsuit against Maryland federal judges originated in June 2025 following a district standing order regarding immigrant habeas petitions.
- ▪The U.S. District Court for the District of Maryland adopted a standing order signed by Chief Judge George Russell that automatically blocks the removal of Maryland immigration detainees for two business days upon filing new habeas petitions.
Trump administration immigration policies
- ▪President Donald Trump's administration has used executive actions to push the boundaries of existing immigration laws to advance border enforcement policies.
- ▪The Trump administration instituted a policy subjecting immigrants in deportation proceedings to mandatory detention without access to bond hearings before an immigration judge.
- ▪The Trump administration has carried out removals of migrants to third countries where those individuals have no prior ties.
Immigrants facing final removal orders
- ▪Approximately 1.4 million people living in the United States are subject to final orders of removal from immigration judges.
- ▪Immigrants subject to final removal orders retain legal options to challenge their deportations, including asking to reopen proceedings, seeking relief from third-country removals, and challenging rights violations.
Challenge to hidden ICE detainee locations
- ▪Immigration and Customs Enforcement removed the locations of over 16,000 detainees with final removal orders from its Online Detainee Locator System and instructed staff not to reveal their whereabouts.
- ▪Legal services organizations filed a lawsuit to stop the Trump administration from hiding the locations of immigration detainees subject to final deportation orders
Supreme Court immigration docket
- ▪The U.S. Supreme Court faces multiple immigration cases on its docket during the term beginning October 2026, including cases regarding third-country removals, mandatory detention without bond hearings, and university visa revocations.
- ▪The U.S. Solicitor General requested that the Supreme Court review immigration cases concerning the revocation of student visas for scholars at Georgetown University and Columbia University.
Legal challenges to D.C. projects
- ▪Federal lawsuits concerning D.C. projects, including the closure of East Potomac Golf Links and the construction of a 250-foot memorial arch, serve as legal tests of presidential executive authority.
- ▪U.S. District Judge Ana Reyes stated she intended to appoint a special master to investigate Trump administration statements regarding plans to close the East Potomac Golf Links.
Story comments
Loading comments…