A federal judge on Tuesday tossed out a lawsuit President Trump filed against the entire Maryland federal bench over their unlawful practice of issuing “automatic injunctions” to stop deportations of criminal aliens.
US District Judge Thomas Cullen, a Trump appointee, tossed out President Trump’s lawsuit after appearing skeptical during a hearing earlier this month.
“Much as the Executive fights the characterization, a lawsuit by the executive branch of government against the judicial branch for the exercise of judicial power is not ordinary. The Executive’s lawsuit will be dismissed, and its motion for preliminary injunction denied as moot. Whatever the merits of its grievance with the judges of the United States District Court for the District of Maryland, the Executive must find a proper way to raise those concerns,” Judge Cullen wrote in a 37-page opinion.
In June Trump’s Department of Homeland Security (DHS) sued the entire federal district court bench in Maryland on Tuesday evening over an order blocking deportations of criminal aliens.
The lawsuit was filed after the US District Court for the District of Maryland issued an order that required the clerk to automatically enter an injunction against removing any illegal alien that challenges their deportation and files a habeas petition.
“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.
“Defendants’ automatic injunction issues whether or not the alien needs or seeks emergency relief, whether or not the court has jurisdiction over the alien’s claims, and no matter how frivolous the alien’s claims may be,” the lawsuit said.
“Unbelievably, an injunction automatically issues even if an immigration attorney files a habeas petition in Maryland incorrectly stating that the illegal alien is detained in Maryland, when the illegal alien is actually detained in Texas. (This literally happened.),” Chad Mizelle, Chief of Staff to the Department of Justice said.
“Automatic injunctions flagrantly violate Supreme Court precedent. In the Court’s words, an injunction is never “a matter of right.” But the Maryland federal district court offers immediate injunctions, as “a matter of right,” to any illegal alien who files in its court,” he said.
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