President Donald Trump pauses as he speaks in the Oval Office of the White House, Tuesday, May 20, 2025, in Washington (AP Photo/Alex Brandon).
A federal judge in Maryland issued a standing order this week that automatically grants injunctions against the government in response to petitions for writs of habeas corpus filed by immigrants facing deportation or a change of their legal status.
The two-page order, issued by Chief U.S. District Judge for Maryland George L. Russell III, a Barack Obama appointee, cites a deluge of emergency immigration proceedings under the Trump administration to justify the preemptive, though time-limited, ban on deportations.
And, the court says, such proceedings have created an administrative headache – pressure the court intends to try and alleviate.
“The recent influx of habeas petitions concerning alien detainees purportedly subject to improper and imminent removal from the United States that have been filed after normal court hours and on weekends and holidays has created scheduling difficulties and resulted in hurried and frustrating hearings,” the order reads. “[O]btaining clear and concrete information about the location and status of the petitioners is elusive.”
The court offered a laundry list of additional reasons for the extraordinary administrative change:
[I]n order to preserve existing conditions and the potential jurisdiction of this Court over pending matters while the Court determines the scope of its authority to grant the requested relief; to ensure Petitioners are able to participate in the adjudication of their requests for habeas relief, including participation in court proceedings and access to legal counsel for such purposes; to ensure the Court is able to evaluate their respective claims for relief based on their in-court testimony that may be offered; and to ensure the Government has a fulsome opportunity to brief and present arguments in its defense…
Under the standing order, once a habeas petition is filed on behalf of an immigrant detainee, it is immediately docketed, noticed, and a copy is sent to the U.S. Attorney’s Office for the District of Maryland.
The writ of habeas corpus is a 900-year-old legal protection afforded to persons against authoritarian impulses of law enforcement and government executives, which allows an advocate to argue someone is being illegally confined, detained or imprisoned. It is generally considered the bedrock of the American and British legal systems.
The writ also attempts to force the government to answer questions in court and account for its actions by forcing an administrative process on, for example, the detention and deportation of immigrants.
Habeas writs have become increasingly relevant after the Trump administration, in violation of a court order, flew planes full of immigrant detainees to a notorious prison in El Salvador – citing the Alien Enemies Act (AEA) of 1798. Preemptively, attorneys with the American Civil Liberties Union (ACLU) warned such deportations would violate habeas corpus, along with other rights.
As litigation fanned out in the aftermath of those summary deportations – and as the government planned other such deportation flights – district courts increasingly moved to stop the government from any repeat behavior, largely agreeing with the ACLU’s analysis.
On April 7, the U.S. Supreme Court unanimously agreed the government could not use the AEA without due process and prescribed the use of habeas corpus petitions to litigate detention under the obscure wartime law. Then, on April 19, the high court issued an exceedingly atypical Saturday ruling ordering the government “not to remove” a certain group of immigrants “until further order.”
Russell’s standing order is the latest hallmark of the renewed presence habeas writs have assumed in contemporary law.
The automatic grants issued by the standing order immediately enjoin and restrain the government “from removing Petitioners from the continental United States or altering their legal status” – but those reflexive injunctions have a quick spoliation date.
“This Order shall remain in effect until 4:00 p.m. on the second business day after the filing of the Notice, unless the terms of this Order are further extended by the presiding judge,” the standing order explains.
