A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — The Department of Justice in an unusual move has filed a lawsuit against all the judges in the federal court in Maryland, in an attempt to block the court’s two-day pause on deporting immigrants who challenge their detention in the state.

The action by the Trump administration represents the DOJ’s latest clash with the judicial branch, and one that may be repeated in other states. Holds on deportations have slowed the administration’s aggressive plans for mass deportation of people without permanent legal status, on the grounds of due process.

“Every unlawful order entered by the district courts robs the Executive Branch of its most scarce resource: time to put its policies into effect,” according to the complaint. “In the process, such orders diminish the votes of the citizens who elected the head of the Executive Branch.”

The complaint by DOJ argued that a standing order from Chief Judge George Russell of the District Court of Maryland is “nothing more than a particularly egregious example of judicial overreach interfering with Executive Branch prerogatives—and thus undermining the democratic process.”

In late May, Russell signed a standing order to halt deportations for two days in an effort to accommodate the sudden high volume of habeas corpus claims filed outside of normal court business hours. A habeas corpus claim allows immigrants to challenge their detention.

The Trump administration argues that the order stymies federal immigration enforcement and acts as a preliminary injunction or temporary restraining order without meeting the threshold and is therefore unlawful.

“Inconvenience to the Court is not a basis to enter an injunction, and filings outside normal business hours, scheduling difficulties, and the possibility of hurried and frustrating hearings are not irreparable harms,” according to the complaint.

The Department of Justice has also asked that the judges recuse themselves from the case, and that either the 4th Circuit hear the case or a judge randomly selected from another district.

Abrego Garcia case

The Maryland court in Greenbelt has halted several immigration-related moves by the Trump administration, with the most high-profile case handled by Judge Paula Xinis, who ordered the return of the wrongfully deported Kilmar Abrego Garcia who was sent to a prison in El Salvador.

The case went all the way to the U.S. Supreme Court, which ruled the Trump administration must facilitate the return of Abrego Garcia. The Maryland man was brought back earlier this month, but to face federal charges on human smuggling that were filed after he was wrongfully deported and courts ordered his return.

The Maryland case is still ongoing, as Xinis is allowing discovery to determine if the Trump administration refused to comply with her order to return Abrego Garcia.

Another judge, Theodore David Chuang, in February partly granted a request from Quakers and other religious groups to limit the U.S. Department of Homeland Security’s authority to conduct immigration enforcement in houses of worship.

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

WASHINGTON — Attorneys for Kilmar Abrego Garcia, the wrongly deported Maryland man who has now been returned to the United States, are pushing to keep his civil case open in pursuit of sanctions against the Trump administration for refusing to comply with a U.S. Supreme Court order to facilitate his return.

“Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over,” according to the brief by Abrego Garcia’s attorneys filed Sunday.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” they wrote. “If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.”

The Trump administration on Friday moved to dismiss the civil suit filed in federal district court in Maryland, arguing it is moot after Abrego Garica landed in the U.S. to face criminal charges for “alien smuggling.”

A May 21 two-count Tennessee grand jury indictment, unsealed Friday, accused Abrego Garcia of conspiracy to unlawfully transport undocumented people for profit and the unlawful transportation of undocumented people between 2016 and 2025. The indictment also accused him of being a member of the MS-13 gang.

His attorneys have disputed those charges.

Department of Justice lawyers also moved to deny Abrego Garcia bond, on the grounds that he is a flight risk and poses a danger to the community.

If convicted, Abrego Garcia could face up to 10 years in prison for each undocumented person transported.

“Accordingly, the sentencing exposure for the defendant – given the number of undocumented aliens involved – goes well beyond the remainder of the defendant’s life,” Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, wrote.

Deported to CECOT

The civil suit was brought by Abrego Garcia’s family after he was arrested by immigration officials in March and swiftly put on a deportation plane to a notorious mega-prison in El Salvador, despite having protections against removal to his home country since 2019.

Abrego Garcia’s arrest in March was not due to any criminal charges, but he was informed his immigration status had changed. The Trump administration has admitted his initial deportation to the brutal CECOT prison was an “administrative error,” but has maintained Abrego Garcia was in the custody of El Salvador and could not be brought back.

Trump officials, including President Donald Trump, repeatedly said that Abrego Garica would not return to the U.S. and the president seemed upset with the news of his return on Friday.

“He should have never had to be returned,” Trump said in a gaggle with reporters on Air Force One Friday night. “It’s a disaster.”

On Friday, Attorney General Pam Bondi thanked El Salvador President Nayib Bukele after the Trump administration presented an arrest warrant for Abrego Garcia.

‘Determined stalling campaign’

The Trump administration argued that because Abrego Garcia was brought back to the U.S. on Friday, the civil case is moot.

But his attorneys argue that Abrego Garcia was not brought back to Maryland due to court orders – even as high as the Supreme Court – but “rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.”

“Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so,” according to the brief. “Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament.”

Maryland District Court Judge Paula Xinis, who has handled the high-profile case since March, has granted Abrego Garcia’s attorneys until Wednesday to file their request for sanctions against the Trump administration.

Abrego Garcia’s attorneys said they want to push forward with discovery documents because they “are finally on the verge of securing answers from knowledgeable officials about what the Government actually did or did not do to facilitate Abrego Garcia’s return.”

Abrego Garcia will be arraigned before a federal court in Nashville on Friday.

U.S. Reps. Mark Pocan and Gwen Moore toured Wisconsin's only the ICE detention facility and demanded answers about the people being targeted for deportation in the state | Official photos

U.S. Rep. Gwen Moore contacted the U.S. Department of Homeland Security Friday to ask the agency to remove a statement from the top of its website describing Milwaukee resident Ramón Morales Reyes as “this illegal alien who threatened to assassinate President Trump.” 

The bizarre accusation that Morales Reyes wrote a letter threatening to kill the president has been disproven, and the man who tried to frame him has confessed to forging the letter.

Yet, on Friday, when Moore visited the ICE detention center in Dodge County, Morales Reyes was still there. And the lurid accusation against him is still prominently featured at the top of the Homeland Security website. In the featured statement, Homeland Security Secretary Kristi Noem thanks the ICE officers who arrested Morales Reyes, promotes the idea that he is a dangerous criminal who poses a grave threat, and promises, “He will remain in ICE custody at Dodge County Jail in Juneau, Wisconsin, pending his removal proceedings.”

Moore held a Zoom press conference after her visit. She described Morales Reyes as a humble, religious man who, incredibly, bears no ill will toward Demetric Scott, the man who has been charged with stabbing and robbing him and who then tried to get him deported so he couldn’t testify as a victim in Scott’s upcoming trial. 

It’s very important that the U.S. government stop spreading misinformation about Morales Reyes and afford him due process, Moore said, not just because of the outrageous injustice of his particular case, but because of what it means more broadly. Morales Reyes is an applicant for a U visa — a type of nonimmigrant status set aside for crime victims who have suffered mental or physical abuse and are cooperating with law enforcement or the government in the investigation and prosecution of crimes.

Scott, the man charged with stabbing Morales Reyes and who has admitted forging the letter that led to his arrest, was trying to short-circuit that cooperation ahead of his trial for a violent armed robbery.

If the government deports Morales Reyes, “it will embolden criminals,” Moore said. It’s critical that the U.S. government protect immigrants who are victims of crimes, like Morales Reyes, because if we don’t, we are abetting the criminals. “That’s the message that we’ll be sending if we deport these individuals,” Moore said. “If you’re some pimp out there, some trafficker, some drug pusher, and you want to find someone to abuse, all you’ve got to do is find an immigrant.”

Coincidentally, on the same Friday afternoon Moore visited Morales Reyes and began her campaign to get the government to stop spreading misinformation about him, U.S. Attorney General Pam Bondi announced that Trump administration officials were finally bringing back Kilmar Abrego Garcia, the man they wrongly deported to El Salvador. But, Bondi said, the government is charging Abrego Garcia with a slew of serious crimes including being “a smuggler of humans and women and children.”

We don’t know yet if the federal case against Abrego Garcia will include another ham-fisted attempt to pass off obviously doctored photos of his hands with photoshopped “MS-13”gang tattoos. But the administration that continues to push the discredited claim that Morales Reyes penned a letter threatening to assassinate the president inspires zero trust. 

What a relief, in this awful political climate, to see Moore sticking up for immigrants who are being targeted and terrorized, demanding answers from ICE and doing her best to uphold the rule of law. Moore has also been championing Yessenia Ruano, the beloved Milwaukee teacher’s aid who has a pending application for a T visa as a victim of human trafficking, and has been ordered to self-deport back to El Salvador, where she was victimized. Going back would place her in serious danger and leave her young daughters without a mother. 

“She’s an exceptional asset to the school district where she works, not a threat at all to the community,” Moore said.

A week before her visit with Morales Reyes, Moore was joined by her fellow Wisconsin Democrat, U.S. Rep Mark Pocan, on an unannounced inspection visit to the Dodge County jail, Wisconsin’s only ICE detention facility. Moore went back again Friday because she was initially refused an interview with Morales Reyes.

“We have congressional prerogative to do an unannounced visit” to see what’s going on in ICE detention, Pocan said. “In fact,” he added, “I think [it’s] a requirement, really, morally, to do an unannounced visit to these facilities.” 

When they got to the jail, Pocan and Moore had to explain their oversight prerogative. They presented a letter from the ranking Democrat on the House Appropriations Committee, and waited an hour to get inside. They expressed appreciation for the sheriff, who let them come in and tour the facility, though they weren’t permitted to talk to any detainees. 

When they tried to contact ICE it was another story. There were no ICE agents present — they only show up to bring in detainees every three weeks, the sheriff told them. When they tried to call the Milwaukee ICE field office, the phone was disconnected. They left messages at the Chicago office that were not returned. Of the roughly 100 immigrant detainees at Dodge, who come from all over the country, they couldn’t find out how many have been arrested in Wisconsin. 

“This is the problem, right?” said Pocan. “ICE treats us all like we don’t deserve to get information, even though we have oversight authority.” 

Part of what bothered Pocan, he said, is “the arrogance that we’ve seen from ICE so far this year.” 

“ICE is acting like they are somehow above the law,” he said, “above lawmakers.” 

It has become abundantly clear that the Trump administration’s rhetoric about targeting dangerous criminals for deportation is utter bunk.

Neither Morales Reyes nor Yessenia Ruano nor Abrego Garcia poses a threat to community safety. The real threat is coming from masked ICE agents terrorizing immigrants and local communities.

We desperately need leaders who will stand up to these terror tactics. That takes guts, as the arrest of Milwaukee Judge Hannah Dugan showed, as did the Homeland Security agents barging into a congressional office and roughly handcuffing a staffer they accused of letting protesters hide there.

I’m grateful for the courage of Moore and Pocan. 

As they said, if we don’t stand up for the people the Trump administration is targeting now, we will be next.