The U.S. Department of Justice urged a federal appeals court on Friday, Oct. 30, 2026, to reinstate a lawsuit filed against every federal judge in the District of Maryland. The litigation challenges a court policy that automatically delays the deportation of certain immigrants to allow time for legal challenges to their detention.
The dispute originated in June 2025 after Chief U.S. District Judge George Russell signed a standing order in Maryland. The order mandates a two-business-day stay of removal for detainees who file new habeas corpus petitions—legal actions used to contest the lawfulness of a person's imprisonment. Judge Russell cited a "recent influx" of such petitions from detainees facing "imminent removal" as the reason for the rule.
Rather than appealing individual immigration cases, the Justice Department sued all federal judges in the district, arguing the rule unlawfully interferes with executive authority over immigration. U.S. District Judge Thomas Cullen previously dismissed the suit, characterizing it as part of an attempt to "smear and impugn" judges. On Friday, Department of Justice attorney Sarah Welch told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the government has the authority to sue to protect its "sovereign interests."
The scale of the impact involves the federal judicial district of Maryland. While the specific number of detainees affected per month was not reported, Judge Russell noted the order was prompted by a "recent influx" of such cases. For a detainee, the outcome of this case represents the difference between having two business days to secure a legal stay and facing immediate removal upon the filing of a petition.
The legal proceedings also involve questions regarding the separation of powers between the executive and judicial branches. Appellate attorney Paul Clement, representing the Maryland judges, argued that suing an entire judicial district is a "grave threat" to constitutional boundaries. Conversely, the administration argues that an 1895 Supreme Court ruling, In re Debs, gives the executive branch power to sue to protect federal interests. The 4th U.S. Circuit Court of Appeals has not yet issued a ruling.