In a forceful rebuke to the executive branch, U.S. District Judge Thomas Cullen, a Trump appointee, on August 26, 2025, dismissed a highly unusual lawsuit filed by the Justice Department against all 15 federal judges in Maryland. The administration had sought to challenge a May court order—issued by Chief Judge George L. Russell III—that imposes a brief two-business-day pause on deportations when migrants file habeas corpus petitions. Judge Cullen called the lawsuit “potentially calamitous,” emphasizing that such sweeping legal action against the judiciary undermines both constitutional traditions and the rule of law.
Cullen, tapped to preside over the case because all Maryland judges were named, denounced the administration’s tactic as unconstitutional and procedurally flawed. He noted that the correct recourse—rather than suing the judiciary—would have been to file an appeal. Further, he underscored that federal judges enjoy absolute judicial immunity for acts performed in their official capacity, meaning the entire lawsuit lacked any legal basis from the start.
Beyond legal mechanics, the judge condemned what he described as a sustained “smear campaign” by the executive branch toward the judiciary. He cited instances where White House officials referred to judges as “rogue,” “unhinged,” and “crooked,” characterizing such language as “unprecedented and unfortunate.” Such rhetoric, Cullen warned, risks corroding public confidence and eroding judicial independence by vilifying judges for carrying out their duties.
The origin of the dispute lies in Chief Judge Russell’s order blocking immediate removal of detainees who filed habeas petitions—intended to preserve judicial access and fairness amid a glut of late-hour submissions. The Trump administration argued this policy obstructed presidential authority and flouted Supreme Court precedent, justifying the lawsuit as necessary. Critics rebuked the approach, calling it an overreach and a direct affront to the concept of co-equal branches of government.
Though the lawsuit has been dismissed, the Trump administration signaled its intention to appeal. This ruling represents a notable setback in its ongoing battles against the courts over immigration enforcement—and underscores a judicial system prepared to assert its independence when attacked.
