Judge Says Nazis Received Better Treatment Than Detained Migrants

An appeals court judge has sparked controversy by drawing a comparison between the treatment of Nazis during World War II and the removal of Venezuelan migrants from the U.S. under the Alien Enemies Act. Judge Patricia Millett, appointed by President Barack Obama, asserted that “Nazis got better treatment under the Alien Enemies Act than has happened here” during oral arguments on Monday.

Millett's statement stems from a case involving the Trump administration's use of the Alien Enemies Act to deport alleged members of the Tren de Aragua gang to El Salvador. The judge criticized the government for not providing due process to the migrants, arguing that they were not given a chance to appear before a hearing board and challenge their status.

The Alien Enemies Act: A Historical Perspective

The Alien Enemies Act, invoked only three times previously—during the War of 1812, World War I, and World War II—has never been used outside of wartime. Judge Millett expressed concern that its implementation by government employees may have led to the deportation of individuals who were not actually members of Tren de Aragua.

A Question of Due Process

Millett emphasized the importance of due process for all individuals, regardless of their alleged affiliations. She questioned whether the president's decision to invoke the AEA for these deportations is lawful, stating that "despite the President's determination otherwise, Tren de Aragua is not a 'foreign nation or government,' and its actions, however heinous, do not amount to an 'invasion' or a 'predatory incursion.'"

Contrasting Legal Arguments

While Judge Millett sided with the plaintiffs, arguing that they are entitled to due process and individual hearings, Judge Walker appeared to align with the government's stance on venue. He pointed out that the complaint could have been filed in Texas, where the original five plaintiffs are currently held.

The ACLU's attorney, Jacob Gelernt, countered by stating that the case was brought in Washington, D.C., because "it has all been done in secret," and hearings could not be held individually for everyone accused of being a gang member.

Transparency and Accountability

Gelernt further criticized the government's lack of transparency, noting that they have not released the names of the 238 men deported to El Salvador who are now being held in a maximum security terrorism prison. He expressed concern that if the order blocking the use of the AEA is lifted, these individuals could face similar fates.

Moving Forward

The legal battle surrounding the Trump administration's use of the Alien Enemies Act continues, with Judge Boasberg's decision potentially setting a precedent for future cases involving immigration and national security. The outcome of this case could have significant implications for due process rights and the balance between national security concerns and individual liberties.