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A Judge Ordered Deportation Planes to Turn Around. The White House Didn’t Listen.

A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.

Rows of buses, migrants and law enforcement officials lined up on a road.
A photograph released by El Salvador’s government showed U.S. deportees arriving at the Terrorism Confinement Center in Tecoluca, El Salvador.Credit...Secretaría De Prensa De La Presidencia

The federal judge’s ruling was clear: The Trump administration could not use an obscure wartime law from the 18th century to deport people without a hearing.

If any planes were already in the air, the judge said, they should turn back.

That did not happen. Instead, the Trump administration sent more than 200 migrants, including alleged gang members, to El Salvador on March 15 on three planes.

A New York Times review of the flight data showed that none of the planes in question landed in El Salvador before the judge’s order, and that one of them did not even leave American soil until after the judge’s written order was posted online.

In a court hearing days later, a Justice Department lawyer argued that the White House had not defied the order by the judge, James E. Boasberg of the Federal District Court in Washington.

The lawyer, Abhishek Kambli, argued that the judge’s decision was not complete until it was codified in written form. And — crucial to the government’s explanation — the written version did not include the specific instruction to turn planes around.

Mr. Kambli also argued that while the third plane contained deportees, their cases were not covered by the judge’s order.

Location of deportation flights when a judge ordered them to stop

This map shows the planes’ positions at 6:48 p.m. on March 15. ICE had chartered the planes, which carried hundreds of Venezuelans from Texas to El Salvador with a stop in Honduras.

Source: Flightradar24

Note: All times Eastern.

By Albert Sun


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