Noting that it would benefit from further argument on the issue, the Court pivoted to
addressing Plaintiffs’ concerns “about imminent deportation.” Id. at 11. It asked the
Government point blank whether there were any “removals under this Proclamation
planned . . . in the next 24 or 48 hours.” Id. Government counsel said that he did not know, but
that he could “investigate” and “report . . . back.” Id. Plaintiffs’ counsel then interjected that
various “sources” had informed him that the two removal flights that were scheduled to depart
that afternoon “may have already taken off,” including “during this hearing.” Id. at 12. So, at
5:22 p.m., the Court adjourned the hearing until 6:00 p.m. and directed Government counsel to
find out whether the Government was in the process of removing people under the Proclamation.
Id. at 13–15.
It was. Although the Government has refused to provide the particular details, all
evidence suggests that during the short window that the Court was adjourned, two removal
flights took off from Harlingen — one around 5:25 p.m. and the other at about 5:45 p.m.
Update: The Trump Administration is appealing.
Shortly after the hearing, at 7:25 p.m., the district court issued a minute order
provisionally certifying a class and enjoining Defendants “from removing members
of such class (not otherwise subject to removal) pursuant to the Proclamation for 14
days or until further Order of the Court.” Critically, the court’s written order did not
direct Defendants to turn around planes or to return already-removed aliens.
So the Government is claiming that the Boasberg's order was not effective until it was issued in writing at 7:25 pm on March 15, and by that time the planes had already taken off.
One odd thing that nobody is mentioning is that this was on a Saturday, and the judge was doing an emergency hearing on Saturday night at 6pm. Why didn't the judge just wait until Monday?
It is also very odd that the judge is threatening contempt even though the US Supreme Court vacated his TRO. I think Judge Boasberg has overstepped his authority here.
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