Judge Slams Trump Administration’s Deportations Under 1798 Law: ‘Nazis Got Better Treatment’
A U.S. federal judge has fiercely criticized the Trump administration’s use of the 1798 Alien Enemies Act (AEA) to deport Venezuelan migrants, comparing the treatment of alleged gang members to that of Nazis during World War II.
On March 15, former President Donald Trump invoked the AEA, a rarely used wartime law, to deport two plane-loads of Venezuelan migrants to a prison in El Salvador. The move immediately faced legal challenges, leading Chief Judge James Boasberg of the U.S. District Court in Washington to issue a restraining order, halting further deportations under the law.
The Trump administration, however, is fighting back. The Justice Department has appealed the decision, with a three-judge panel from the U.S. Court of Appeals hearing arguments on Monday.
During the hearing, Justice Department attorney Drew Ensign argued that blocking the deportations was an “unprecedented and enormous intrusion upon executive powers.”
However, Judge Patricia Millett pushed back, pointing out that even Nazis received due process under the AEA during World War II—a right that Trump’s deportees were denied.
"Nazis got better treatment under the Alien Enemies Act," she stated, highlighting that WWII-era deportations included hearings, unlike the summary removals carried out by the Trump administration.
The American Civil Liberties Union (ACLU) has filed a lawsuit challenging the deportations, claiming Venezuelans were targeted based on tattoos, with no concrete evidence linking them to the Tren de Aragua gang.
Lee Gelernt, representing the ACLU, warned that if the restraining order is lifted, mass deportations under the AEA could resume immediately.
The case has raised fears of a constitutional crisis, with concerns over whether the Trump administration is following court orders. Trump has publicly attacked Judge Boasberg, even suggesting his impeachment—a move that prompted a rare public rebuke from Supreme Court Chief Justice John Roberts.
Despite the legal challenges, Deputy Attorney General Todd Blanche has confirmed plans to deport three alleged Tren de Aragua members to Chile under the AEA, insisting the Justice Department is acting within the law to ensure justice.
With the appeals court now reviewing the case, the future of Trump’s deportation policy hangs in the balance. Legal experts warn that using the Alien Enemies Act in this manner could set a dangerous precedent, while immigration advocates argue that denying due process to migrants violates fundamental human rights.
As the legal battle intensifies, one thing is clear—this case could have lasting implications for U.S. immigration law and executive power.
