We need to nail Trump to the wall on this.
As the night wore on, it became increasingly clear that CBP was defying Brinkema’s ruling. Lawyers concluded that that meant someone was in contempt of court. The judge could theoretically send in federal law enforcement officers to force CBP to let the lawyers meet with the detainees. But sending in the U.S. Marshals—who are part of the Department of Justice—to take on Customs and Border Patrol—which is part of the Department of Homeland Security—would have been a bureaucratic clash of the titans. And, like everything else that night, it would have been unprecedented. It didn’t happen.
Then at around 11:45 pm, New Jersey Senator Cory Booker showed up.
Booker stayed back there for about half an hour, and then he pushed through the crowd of roaring protesters and—flanked by glowering policemen—addressed the crowd. After a few opening words, he held up a copy of Brinkema’s order.
“I am now of the belief that though this was issued by the judicial branch, that it was violated tonight,” he said. “And so one of the things I will be doing is fighting to make sure that the executive branch abides by the law as it was issued in this state and around the nation. This will be an ongoing battle.”
“They told me nothing, and it was unacceptable,” he said. “I believe it’s a Constitutional crisis, where the executive branch is not abiding by the law.”
Legal immigrants and refugees from seven majority Muslim countries found themselves detained as they landed at Washington Dulles International Airport as President Trump’s half-baked Muslim ban went into effect over the weekend.