The Sooknanan Monologue

The trump administration attempted to remove 600 terrified unaccompanied minors to Guatemala in the middle of the night on a holiday weekend until Judge Sooknanan entered an order to stop it.

We’ve seen it before: the Trump regime attempting to clandestinely and illegally remove people from the United States under the cover of darkness, only to be ordered to stop operations mid-flight.

In March, plaintiffs informed the courts that over 200 men were being unlawfully rendered to El Salvador under the Alien Enemies Act. Judge Boasberg held an emergency hearing and ordered the planes turned around. The government insisted that because he ordered the planes returned verbally and not in writing, they didn’t have to comply. A whistleblower named Erez Reuveni supplied evidence that the Department of Justice’s Emil Bove told DOJ lawyers to tell the court to “fuck off.” Plaintiffs in that case recently filed with the en banc DC Circuit Court of Appeals to continue contempt proceedings against the government for blatantly defying Judge Boasberg’s orders.

Six days ago, Judge Paula Xinis - during a hearing about whether the government could remove Kilmar Abrego to Uganda - asked the government “Do I need to put that in writing, or will my oral order suffice?”

And today, Judge Sparkle Sooknanan made the same clarification with the government over its attempt to disappear approximately 600 unaccompanied minors to Guatemala in the middle of the night during a holiday weekend. Her salvo came in what I’m calling the Sooknanan Monologue:

“As I said at the start of this hearing, I got a call at 2:36 am [last night] because the government chose the wee hours of the morning on the Sunday of Labor Day weekend to execute a plan to move these children. That's why we're here.

“And I tried to reach the government. I have been up since then..and didn't reach anyone from the government until later this morning. And the imminence that the plaintiff claimed proved true, because, in fact, those planes *were* loaded. One actually took off and was returned.

“And so, absent action and intervention by the court, all of those children would have been returned to Guatemala, potentially to extremely dangerous situations. And even now that the government has appeared, you're telling me that even though you think you have the authority to do this, and that what you're trying to do here is unify families, not violate the law, you need five days to respond.

“And again, I'm not going to force you to respond sooner, but if you need five days, my order is going to stay in place. I have done all I can to try to make a decision based on what's in front of me. The government hasn't put anything in front of me to counter plaintiff's narrative.

“I am trying to do the best I can to fulfill my obligation as an Article III judge. I appreciate you all showing up today, and I particularly appreciate the government's representation. But I'm going to put it on the record again, just so there's absolutely no ambiguity...

"These children are going to be deplaned. They're going to be returned to ORR custody. And no attempts will be made to remove them from ORR custody and remove them to Guatemala, in light of my order, while these preliminary emergency proceedings are pending."

- Reporting by Anna Bower: Lawfare

You can read the plaintiff’s emergency motion here. You can support the work of reporters like Anna Bower and Lawfare here.