am actual not familiar with the mechanics o' what happened... am only able to speak to law/legal issues. as is typical for those in our profession, reality and all its attendant filthy details is often an annoying distraction from the important questions. <-- sarcasm.
perhaps ironic, am able to speak to alito's curiously obtuse dissent w/o needing get into the legal weeds-- you not need be a lawyer to see problem with alito's position.
presumptively, the reason scotus provided middle of the night and weekend emergency relief is 'cause the aclu, on behalf o' their clients, informed the Court that the government had put venezuelans on buses seeming with the intent o' taking 'em beyond the physical jurisdiction o' current habeas rulings limiting their deportation, so as to send 'em to el salvador w/o additional meaningful due process.
...
https://www.nbcnews.com/politics/immigration/legal-fight-raged-ice-buses-filled-venezuelans-heading-airport-turned-rcna202007
and today we learned o' more government shenanigans albeit in a tangential related case.
https://www.justsecurity.org/110842/ice-dod-custody-deportations-cecot/
"The D.V.D. case directly affects the administration’s ability to deport Venezuelan nationals to El Salvador without an opportunity for them to present their claims of potential torture as required by federal statute. As I discuss at greater length in the substack, a key element to focus upon is that ICE retained custody over the detainees following the court’s Mar. 28 order and then appeared to switch them over to the Department of Defense (DoD) for transfer by military plane to El Salvador. The line of defense (some would say the game) being played here by the government is that DHS/ICE is a named defendant in the case but DOD is not."
to get around a temporary restraining order which prevented ice/dhs from sending detainees out of the country, the government had ice/dhs transfer custody of detainees to the Department of Defense, who then went ahead and deported individuals protected by the tro.
dude.
am aware this is the kinda sh!te people believe is what attorneys do for a living, but that kinda rulez lawyering which happens in the worst dnd campaigns most certainly don't fly with federal judges. the tro named ice/dhs and not dod, but there is also standard boilerplate language in those tros which covers pretty much anybody working for/with or in aid o' those named in the tro, and if ice (executive branch o' the fed government) formal transferred custody of the detainees to dod (also part of the executive branch o' the fed government,) then is no court in the land which is gonna three wise monkey their way outta holding dod just as bound by the tro as ice.
most courts has gotta be losing the patience and faith typical afforded to the executive. is utter unreasonable to pretend this is all just same ol' same ol'. alito pretending mock indignation when the trump administration is making blatant their efforts to thwart and undermine Court orders is less than compelling.
again, the government had detainees on buses headed to an airport. taking those detainees outta the country from the texas district woulda' been illegal, but the shell game o' moving detainees just ahead o' court orders from new jersey or dc were something the feds had already done. even so, it is complete ridiculous to suggest the government would try the same shenanigans in texas, right? "fool me once..."
so, for what reason did alito and thomas believe ice were carrying out their little fieldtrip? maybe the venezuelans were being taken for a weekend disneyworld excursion? even if you can imagine an innocuous explanation for the government's actions, what reasonable person would complete dismiss the possibility that the feds were trying to exploit the ordinary slow pace o' a typical judicial response? the fact the government were using "counterterrorism operations" as an excuse for not supplying details to plaintiffs AND the Court is not only beyond the pale, but it should make reasonable persons more suspicious about the government motives, no? nevertheless, alito and thomas can't figure why the aclu and the Court majority is getting their shorts in a twist.
...
other than death penalty executions, it is difficult to imagine a more clear example o' the need for emergency intervention by the Court than we see regarding the possible extra judicial deportation of detainees to el salvador... and we remain reluctant to call such activities "deportations" as what is happening is that the US, without due process, is sending residents o' this country to a prison in el salvador for an indeterminate period a time.
wtf