On Monday, a federal judge made a bizarre attempt to rebuke the Trump administration’s approach to deporting alleged gang members under a rarely used 18th-century statute, suggesting that these individuals were afforded fewer rights than Nazis detained by the U.S. during World War II. The law in question, the Alien Enemies Act of 1798, was invoked by President Donald J. Trump to forcibly remove illegal immigrants purported to be part of a Venezuelan gang known as Tren de Aragua by labeling them as enemy aliens.
“There were plane loads of people. There were no procedures in place to notify people,” Washington D.C. Circuit Court Judge Patricia Millett—appointed to the bench by former President Barack Obama—said before making the absurd claim: “Nazis got better treatment under the Alien Enemies Act.”
Judge Millett is part of a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit currently hearing an appeal from the Trump administration seeking to overturn a District Court judge’s temporary restraining order preventing the deportation of alleged Tren de Aragua members to El Salvador. The National Pulse previously reported that around 200 suspected gang members were deported under the Alien Enemies Act before District Court Judge James Boasberg blocked further removals.
The Justice Department (DOJ) defended its actions, with Deputy Assistant Attorney General Drew Ensign disputing the comparison to Nazi treatment. “Well, Your Honor, we certainly dispute the Nazi analogy,” Ensign said, objecting to Judge Millett’s claim. Eventually, the judge and DOJ attorney agreed that the arguments had entered “unprecedented territory.”
A ruling from the D.C. Circuit panel on the Trump administration’s appeal of the lower court restraining order is expected later this week.