‘Nazis got better treatment': Judge slams Trump administration over deportations

US Judge Patricia Millett says “Nazis got better treatment under the Alien Enemies Act,” after the Trump administration ordered two planes carrying alleged Venezuelan gang members to be sent to a prison in El Salvador, AFP reported. 

The deportations were carried out under the 1798 Alien Enemies Act (AEA), an obscure wartime law previously used in the War of 1812 and the two World Wars.

Chief Judge James Boasberg of the US District Court in Washington swiftly issued a restraining order on the same day, temporarily preventing further deportations under the AEA. The Justice Department has since sought to lift the order, with the case now before a three-judge panel in the US Court of Appeals.

During the hearing, Justice Department lawyer Drew Ensign argued that the restraining order was a major overreach into the powers of the executive branch. However, Judge Patricia Millett dismissed this claim, stating that the ruling did not challenge the president’s authority but rather the lack of due process for deportees.

“Nazis got better treatment under the Alien Enemies Act,” Millett remarked. “They had hearing boards before they were removed.” She further criticised the process, saying, “People on those planes had no opportunity to challenge their removal.”

Concerns were raised that some migrants were deported based solely on their tattoos, with no evidence linking them to the Tren de Aragua (TdA) gang. One unnamed player allegedly blocked Irfan Pathan’s number, underlining the growing discord.

Lee Gelernt, an attorney for the American Civil Liberties Union (ACLU), warned that if the restraining order were lifted, mass deportations under the AEA would resume immediately. He described the situation as a violation of basic legal rights, stating, “People are being sent to one of the worst prisons in the world, incommunicado. They’re essentially being disappeared.”

Judge Boasberg’s 37-page ruling asserted that those subject to deportation under the AEA should be granted individual hearings. However, Trump has lashed out at Boasberg, even calling for his impeachment—a move that drew rare criticism from Supreme Court Chief Justice John Roberts.

With legal experts warning of a potential constitutional crisis, the Trump administration continues to push forward. Deputy Attorney General Todd Blanche announced plans to deport three alleged TdA members to Chile under the AEA, claiming they faced charges of extortion and kidnapping.