A US appeals court judge recently stated the Trump administration treated Venezuelan migrants returned under the World War-era Alien Enemies Act worse than the Nazis treated them during World War II. The remark was made while hearing an appeal in the US Court of Appeals for the DC Circuit over the deportation of 238 Venezuelans, allegedly gang-affiliated, to a mega-prison in El Salvador under the 1798 law.
The controversy is over the Trump administration’s action to deport suspected members of the Venezuelan gang Tren de Aragua, who were charged with engaging in irregular warfare against the US. Judge Patricia Millett, during the tense two-hour hearing, replied that the deportations were not by due process and that Venezuelans who were deported were not given a chance to fight allegations against them. She stated, “Nazis were treated better under the Alien Enemy Act than has been done here,” referring to historical precedent in WWII of how German nationals were treated.
Earlier in the day, Judge James Boasberg had issued a temporary restraining order that suspended the deportations, ruling that the majority of the detainees were against their gang membership and deserved an opportunity to have the deportation appealed in court. The Trump administration had called the order “unprecedented,” contending that it exceeded presidential powers over foreign affairs.
Despite the suspension under law, the White House maintained that the deportations were valid, claiming that the deported individuals were “carefully vetted” as gang members. Their families have, however, denied the allegations, and some of the deported men do not have a criminal record in the US.
The deportations have aroused criticism from human rights groups, which state the wartime powers were unlawful as America is not engaged in war with Venezuela. American politicians have also been criticized for the secrecy and imbalance of the deportation process. The case continues to unfold with the three-judge panel still deliberating whether or not to restart the deportations.