The United States Department of Justice (DOJ) has initiated legal action against the US District Court for the District of Maryland, including all 15 judges serving therein, over an order released last month that imposes an automatic two-business-day delay on the deportation of migrants in Maryland who have filed a lawsuit challenging their detention.
The court’s existing order stems from an effort to manage an influx of habeas petitions. These petitions involve detainees facing deportation, often filed outside of typical court hours, leading to rushed and difficult hearings. The order aims to provide sufficient time for the judicial system to operate efficiently, effectively halting deportations until 4:00 PM on the second business day following the filing of a lawsuit.
In response, the DOJ argues that these orders contravene established legal standards for issuing injunctions. According to the complaint, the existing orders fail to meet the criteria of immediate and irreparable injury and overstep the court’s jurisdiction. Notably, the DOJ points to 8 USC § 1252, which restricts district court jurisdiction over immigration matters.
The DOJ asserts that these standing orders disrupt the operational functions of Immigration and Customs Enforcement (ICE). The government is seeking both preliminary and permanent injunctions to cease enforcement of these orders, arguing they violate judicial standards and the limitations set by § 1252.
This legal action introduces a significant conflict between the Department of Justice and the judiciary, spotlighting federal administrative challenges in responding to immigration control and judicial oversight. For more details, the original report can be accessed here.