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'Nazis treated better than Venezuelans deported by Trump admin': US judge

A US judge blasted the Trump administration, stating that Nazis had more legal rights to contest removal than Venezuelans deported under a rarely used 18th-century law

US President Donald Trump

The Trump administration invoked the 1798 Alien Enemies Act, a law historically used only three times in US history | Bloomberg

Nandini Singh New Delhi

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A US appeals court judge has said that Nazis in World War II had more legal rights to contest their removal from the US than Venezuelan migrants deported under the Donald Trump administration.
 
During a heated hearing on Monday, US Circuit Judge Patricia Millett challenged government attorney Drew Ensign on whether Venezuelans deported under a rarely used 18th-century law had sufficient opportunity to challenge their alleged gang affiliations before being removed.
 
“Nazis got better treatment under the Alien Enemies Act than has happened here,” Millett stated.
 
Ensign rejected the comparison, saying, “We certainly dispute the Nazi analogy.”
 
 

Rarely used law revived for mass deportations

 
The Trump administration invoked the 1798 Alien Enemies Act, a law historically used only three times in US history. The Act facilitated the internment and removal of Japanese, German, and Italian immigrants during World War II.
 
The government is now asking the US Court of Appeals for the DC Circuit to overturn a March 15 ruling by US District Judge James Boasberg, who temporarily blocked the law’s use to deport alleged Tren de Aragua gang members without a final order from an immigration judge.
 
Many deported Venezuelans deny any gang affiliations. One high-profile case involves a Venezuelan professional soccer player and youth coach, whom US officials reportedly misidentified as a gang member because of a crown tattoo-- a symbol he claims represents his favorite soccer team, Real Madrid.
 

Trump calls for judge’s impeachment

 
Following Boasberg’s order halting deportations, Trump called for his impeachment, a move that would remove him from office if successful. The call prompted a rare public rebuke from US Supreme Court Chief Justice John Roberts, who stated that legal disputes should be resolved through appeals, not impeachment threats.
 

‘Hustled’ onto planes

 
Trump has argued that the judiciary is overstepping its role. In Monday’s hearing, government attorney Ensign urged the court to pause Boasberg’s ruling, claiming the judge had no authority to interfere with presidential decisions on foreign affairs.
 
However, Lee Gelernt, an American Civil Liberties Union (ACLU) attorney representing Venezuelan migrants, countered that denying due process cannot be justified under national security concerns.
 
Boasberg’s ruling on Monday rejected the Trump administration’s request to lift the two-week deportation freeze. The judge noted that people must be able to challenge their alleged gang ties before removal. He also questioned whether the administration had violated his order by continuing deportations despite the ban.
 
“The administration appeared to have ‘hustled people onto those planes’ to avoid a potential court order blocking their removal,” Boasberg wrote.
 

Venezuelan migrants held in El Salvador’s notorious prison

 
On March 15, the Trump administration deported over 200 Venezuelan migrants to El Salvador, where they are now detained in the country’s massive anti-terrorism prison. The deportations were part of a $6 million deal in which Washington is paying El Salvador’s President Nayib Bukele to hold them.
 
Boasberg’s ruling applies to five ACLU plaintiffs, as well as other Venezuelans in the US who may be targeted under the Alien Enemies Act. However, his ruling does not cover those already deported to El Salvador.
 
The ACLU is now urging the court to order their return to the US if it is found that they were removed in violation of Boasberg’s order. The group says at least eight Venezuelan women and a Nicaraguan man were among those flown to El Salvador, rejected by the government, and returned to the US.
 
In a sworn statement, one Venezuelan woman described hearing a US official discuss an order preventing the flight from taking off while she was already in the air.
 
(With Reuters inputs)

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First Published: Mar 25 2025 | 11:10 AM IST

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