As a Justice Department lawyer defended a policy requiring  conducting the screenings.

In the courtroom on Tuesday, Stewart defended the procedures in place for the MPP program, saying the U.S. is returning migrants to “liberty” in Mexico, not to the country they are “claiming to flee.” He said the current practice of officials not asking migrants whether they fear returning to Mexico deters what he called “false positives” and claims by migrants who he suggested simply wanted to stay in the U.S. and be released.

As Stewart started to explain that he believed the policy in place stemmed from a “logical conclusion,” Fletcher reiterated his skepticism.

“You keep coming back to logical. You don’t really have much in the record, do you?” the judge asked.

“Again, your honor, this is a facial— ” Stewart said before being interrupted by Fletcher.

“So, the answer is yes — you don’t have much in the record,” Fletcher said.