The father explicitly did not want the child deported with the mother, had informed ICE of that, and initiated legal proceedings to that effect [1].

The mother and US citizen child were held largely incommunicado. They were not given access to a lawyer, and communication with the father was monitored, and upon the father attempting to give them the phone number for an attorney the phone was taken from the mother. Then promptly put on a flight out of the country

When a judge attempted to contact the mother, while the mother and child were still in US custody: The US did not respond for an hour presumably so that it could remove the mother and child from US custody prior to responding.

> The Government contends that this is all okay because the mother wishes that the child be deported with her. But the Court doesn’t know that. [2]

And that's a quote from the Trump appointed very Trump leaning [3] judge.

All actual evidence we have here is that the child was intentionally deported (expelled?) against the parents wishes. Certainly against one of the parents wishes.

[1] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...

[2] https://storage.courtlistener.com/recap/gov.uscourts.lawd.21...

[3] See prior rulings: https://en.wikipedia.org/wiki/Terry_A._Doughty#Notable_rulin...