Sen. Cruz Calls for Order Blocking Federal Government from Deporting Illegal Aliens be Overturned

WASHINGTON, D.C. –U.S. Senator Ted Cruz (R-Texas), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, yesterday sent a letter urging the Judicial Conference of the United States to immediately review a standing order in Maryland that blocks the federal government from deporting illegal aliens who file habeas petitions. The letter asks the Judicial Conference to review the order to determine whether it complies with federal law.

The letter sent to Judge John D. Bates, Chair of the Committee on Rules of Practice and Procedure for the Judicial Conference of the United States, was delivered ahead of a judiciary oversight hearing that Senator Cruz is leading today, June 3, 2025, at 2:30 PM. The hearing will examine how procedural devices—such as the standing order in Maryland—enable judicial overreach in ways that threaten the separation of powers and impair lawful executive enforcement.

Below are highlights and excerpts from the letter:

“As originally issued, the standing order automatically enjoined the U.S. Government from removing or altering the legal status of any alien detainee who files a habeas petition in that district, regardless of the petitioner’s physical location. The order is self-executing, requires no individualized judicial finding, and remains in effect for a minimum of two business days following the filing of each petition. In form and effect, it operates as a procedural rule of general applicability governing all future habeas filings.

“Moreover, the fact that the order was initially drafted with nationwide effect underscores the structural risks it poses. That a single district court judge assumed power to delay removals of detainees located anywhere in the country—without a record, hearing, or jurisdictional tether—raises substantial questions about Article III limits and judicial rulemaking authority.

“The real-world consequences are significant. Courts are increasingly asked to intervene in removal proceedings through emergency habeas petitions. One high-profile example is Kilmar Armando Abrego Garcia, a Maryland resident who was deported to El Salvador in March 2025 despite a court order prohibiting his removal to that country. That case triggered interagency conflict, litigation in multiple courts, and an ongoing judicial inquiry. But Mr. Abrego Garcia is only one among many; the Department of Homeland Security is now executing a broad removal campaign under renewed executive directives, and filings are accelerating.”

Click here to read the full letter.