A federal judge in Maryland has introduced a new rule to help manage the growing number of legal cases involving immigrants facing deportation or changes to their legal status.
What’s the New Rule?
Chief U.S. District Judge George L. Russell III signed a standing order that automatically blocks the government from deporting immigrants as soon as their lawyers file a special legal request called a “writ of habeas corpus.” This writ is a centuries-old legal tool used to challenge unlawful detention.
The order is temporary and lasts only a few days after the request is filed, but it gives the court time to review the case properly.
Why Was This Order Needed?
The judge explained that since the Trump administration, there has been a surge in emergency immigration cases filed at odd hours like nights, weekends, and holidays. This made it hard for the court to keep up, causing rushed hearings and confusion about the immigrants’ whereabouts and legal status.
The order helps by:
- Giving the court time to understand each case fully.
- Ensuring immigrants can participate in hearings and have access to lawyers.
- Allowing the government to prepare its defense properly.
How Does It Work?
Once a habeas corpus petition is filed for an immigrant, it is immediately processed and the government is notified. The order then temporarily stops any deportation or legal status changes until the court reviews the case.
Background on Habeas Corpus
The writ of habeas corpus is a legal protection against unlawful imprisonment. It forces the government to justify why someone is being held or detained. It has been a crucial part of American and British law for over 900 years.
Recently, habeas writs have become important in stopping controversial deportations by the Trump administration, including flights sending detainees to El Salvador under an old law called the Alien Enemies Act.
Recent Legal Developments
- The U.S. Supreme Court ruled that the government cannot use the Alien Enemies Act without due process.
- The court also issued orders preventing the government from removing certain immigrants while their cases are reviewed.
Judge Russell’s order follows this trend by making sure the court can handle these cases properly and prevent sudden deportations before legal review.
Duration of the Order
The automatic injunctions last until 4 p.m. on the second business day after the case is filed, unless extended by a judge.
