
A federal judge on Tuesday dismissed a lawsuit filed by the Trump administration against all 15 judges of the U.S. District Court for the District of Maryland, while sharply criticizing the executive branch for what he called an unprecedented and confrontational attack on the judiciary.
U.S. District Judge Thomas Cullen, a Trump appointee based in Virginia, ruled that the lawsuit lacked legal standing and was barred by judicial immunity.
The administration had sued the entire Maryland federal bench over a court policy that temporarily delays deportations in certain immigration cases. Cullen claimed the executive branch failed to follow proper legal channels and instead attempted to “smear and impugn” federal judges.
“Although some tension between the coordinate branches of government is a hallmark of our constitutional system,” Cullen wrote in his 39-page decision, “this concerted effort by the Executive to smear and impugn individual judges who rule against it is both unprecedented and unfortunate.”
The lawsuit, filed in June by the Department of Homeland Security and the Department of Justice, challenged a standing order issued by Maryland Chief Judge George Russell III, an Obama appointee. The order requires clerks to automatically issue a two-business-day administrative pause in deportation proceedings if the individual facing removal files a petition contesting their detention or deportation.
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The Trump administration alleged that the standing order functioned as an “automatic injunction” against deportations, interfering with the Department of Homeland Security’s authority to carry out federal immigration policy. The Justice Department claimed the court’s policy “flouts the law” and is “a particularly egregious example of judicial overreach.”
Because all of the Maryland district judges were named as defendants, they recused themselves from the case, and the matter was assigned to Cullen, who serves in the Western District of Virginia. Cullen, who previously served as U.S. Attorney for the Western District of Virginia under President Trump, was confirmed to the federal bench in 2020.
In his ruling, Cullen criticized the Justice Department’s decision to sue not just the chief judge who signed the standing order, but all 15 judges on the Maryland district court, saying the administration added the other judges “ostensibly for good measure.”
Cullen made clear that his ruling did not validate or invalidate the Maryland court’s standing order. Instead, he found that the lawsuit itself was procedurally improper, and that the executive branch should have pursued other legal avenues—such as appealing specific rulings or orders.
“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,” Cullen wrote. “If the Executive truly believes that Defendants’ standing orders violate the law, it should avail itself of the tried-and-true recourse available to all federal litigants: It should appeal.”
Cullen also emphasized that federal judges are immune from lawsuits over their judicial functions and that courts routinely adopt local rules or standing orders to manage case flow and ensure due process. He noted that similar short-term stays are used by other federal courts when deportation cases are under judicial review.
In unusually direct language, Cullen criticized the tone and tactics of the Trump administration. He cited months of public attacks from the executive branch directed at judges who ruled against Trump’s policies, noting that administration officials had described those judges as “left-wing,” “liberal,” “activists,” “rogue,” and worse.
“These are not normal times — at least regarding the interplay between the Executive and this coordinate branch of government,” Cullen wrote.
The lawsuit was widely viewed by legal observers as unlikely to succeed, both because of the sweeping nature of the claims and the legal protections that shield judges from litigation over their official duties.
The Trump administration has already filed a notice of appeal with the Fourth Circuit Court of Appeals. A spokesperson for the Department of Justice declined to comment on the ruling.
The Maryland district court’s standing order remains in effect.