Federal Judge Shreds Trump DOJ Using Wartime Law as Basis for Deportations: ‘Nazis Got Better Treatment’

A federal judge argued on Monday that Nazis detained by the US during the Second World War were treated “better” than alleged migrant gang members the Trump administration deported under an 18th Century law invoked by President Donald Trump.

Trump is currently being challenged in court over his use of the Alien Enemies Act of 1798, which immigration officials are using to expel foreign national gang members the White House claims were sent to the US by the Venezuelan government.

The president’s usage of the obscure law is currently blocked as the White House and Republicans in Congress argue judicial overreach is hampering efforts to deport immigrant criminals.

The Alien Enemies Act has only ever been used during conflicts such as the War of 1812, World War I, and World War II. Trump’s use of the obscure law for deportations is currently paused following a ruling from a federal judge in Washington – which the Justice Department is fighting.

While hearing oral arguments from attorneys with the DOJ on Monday, a judge with the US Court of Appeals for the District of Columbia said people deported to El Salvador earlier this month were not afforded due process.

Judge Patricia Millett said during a hearing that Nazi combatants were treated more fairly than alleged members of the Venezuelan gang Tren de Aragua.

ABC News reported:

The U.S. Court of Appeals for the D.C. Circuit is hearing arguments over the Trump administration’s use of the Alien Enemies Act last week to deport more than 200 alleged members of a Venezuelan gang to El Salvador with no due process.

“There were plane loads of people. There were no procedures in place to notify people,” Judge Patricia Millett said. “Nazis got better treatment under the Alien Enemies Act.”

Judge Millett noted that alleged Nazis were given hearing boards and were subject to established regulations, while the alleged members of Tren De Aragua were given no such rights.

Per ABC News, Deputy Assistant Attorney General Drew Ensign replied, “Well, Your Honor, we certainly dispute the Nazi analogy.”

Millet and Ensign were reportedly able to come into agreement that the case had entered “unprecedented territory.”