A US federal judge on Monday criticised the Trump administration’s expedited deportation of suspected Venezuelan gang members, saying “Nazis got better treatment” from the US during World War II.
On March 15, President Donald Trump utilised an uncommon wartime legislation, the 1798 Alien Enemies Act (AEA), to transport two aircraft filled with Venezuelan migrants to an El Salvador prison.
James Boasberg, chief judge of the US District Court in Washington, issued an immediate restraining order blocking the Trump administration from conducting additional deportation flights under the AEA. The justice department sought to remove the order, and a three-judge US Court of Appeals panel conducted oral arguments on Monday.
Justice department attorney Drew Ensign argued that the judge’s order significantly interfered with executive branch authority and restricted presidential war and foreign affairs powers.
Judge Patricia Millett expressed skepticism, noting the lower court judge questioned only the lack of individual hearings for deportees, not Trump’s presidential authority.
Legal representatives for several deported Venezuelans stated their clients were not Tren de Aragua (TdA) gang members, had no criminal records, and were targeted primarily because of their tattoos.
“Nazis got better treatment under the Alien Enemies Act,” said Millett, an Obama appointee. “They had hearing boards before people were removed.”
“People on those planes on that Saturday had no opportunity to challenge their removal under the AEA,” she said. “Y’all could have picked me up on Saturday and thrown me on a plane thinking I’m a member of Tren de Aragua and given me no chance to protest it.”
Judge Justin Walker, appointed by Trump, acknowledged the need for court hearings while appearing more sympathetic to arguments about judicial interference with presidential powers.
ACLU lawyer Lee Gelernt told the appeals panel that the Trump administration was employing the AEA to bypass immigration proceedings.
