Wednesday, April 16, 2025

Contempt

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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