Nayib Bukele just said that 238 people he claimed were members of TdA arrived in El Salvador TODAY.The government will argue that by the time the order was issued (there were two orders: First, a TRO against using the AEA to deport these individuals; and after a break and informing the court the detainees were already on the planes and off the ground, an order the planes return with the plaintiffs instanter.
This may mean that DHS did NOT adhere to Judge Boasberg's order that planes in the air be turned back. If so, it would be--by far--the biggest act of defiance against a judge's order.
Did the government drag its feet? Probably. El Salvador says the U.S. is paying for the detainees to be imprisoned. Which raises interesting questions of what crimes they committed. It also indicates the U.S. still has some authority over them.
Or not. These are not the legal waters I swim in. But DOJ is going to lose a lot of credibility on this one. And it ain’t over, ‘til it’s over.
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