US DOJ sues federal court and all its judges over immigration order News
G. Edward Johnson, CC BY 4.0, via Wikimedia Commons
US DOJ sues federal court and all its judges over immigration order

The Department of Justice (DOJ) sued the US District Court for the District of Maryland and all 15 of its judges Tuesday over an order issued last month that automatically blocks for two business days the deportation of migrants in the state who file a new lawsuit challenging their detention.

According to the court, the order was because:

The recent influx of habeas petitions concerning alien detainees purportedly subject to improper and imminent removal from the United States that have been filed after normal court hours and on weekends and holidays has created scheduling difficulties and resulted in hurried and frustrating hearings in that obtaining clear and concrete information about the location and status of petitioners is elusive.

In order to ensure that the legal system has time to properly operate, the order effectively blocked deportation until 4:00 PM on the second business day after the filing of the Notice.

In response the DOJ filed the complaint against all 15 district judges and the clerk of the court. The complaint argues that the orders violate legal standards for issuing injunctions, as the orders do not satisfy the immediate and irreparable injury to the movant requirement. The complaint also argues that the orders exceed the court’s jurisdiction, specifically citing 8 USC § 1252, which limits the jurisdiction of district courts over immigration matters.

Plaintiffs claim that the orders interfere with the operational capabilities of Immigration and Customs Enforcement (ICE). As such, plaintiffs request a judgment declaring that the standing orders violate the requirements for issuing injunctions, violate the limitations on district courts’ jurisdiction and remedial authority in § 1252, and violate the requirements for local rules. Plaintiffs seek both preliminary and permanent injunctions to prevent the enforcement of the standing orders in any case.