Appeals judge: 'Nazis got better treatment' under Alien Enemies Act
Share and Follow


A federal appeals judge tore into the Trump administration Monday as the court considered lifting a block on the administration’s swift deportations under the Alien Enemies Act.

“There were planeloads of people. There were no procedures in place to notify people. Nazis got better treatment under the Alien Enemies Act than has happened here,” U.S. Circuit Judge Patricia Millett said. 

It remained unclear how the three-judge District of Columbia Circuit Court of Appeals panel will ultimately rule following Monday’s oral argument. But Millett, an appointee of former President Obama, repeatedly questioned how the deported migrants could’ve exercised due process before they were sent to a notorious Salvadoran prison.

“Y’all could have put me up on Saturday and thrown me on a plane, thinking I’m a member of Tren de Aragua and giving me no chance to protest it and say somehow it’s a violation of presidential war powers,” the judge said. “For me to say, ‘Excuse me, no, I’m not, I’d like a hearing.’” 

President Trump invoked the Alien Enemies Act earlier this month, and within hours deported more than 200 migrants to El Salvador who the administrations claims are Venezuelan gang members. 

The appeals court is considering the Justice Department’s request to lift U.S. District Judge James Boasberg’s order that temporarily blocks the administration from invoking the centuries-old wartime law.

“The District Court’s order represents an unprecedented and enormous intrusion upon the powers of the executive branch,” Deputy Assistant Attorney General Drew Ensign told the panel. 

Boasberg’s ruling has set off a firestorm of public criticism, including an impeachment threat from Trump. 

U.S. Circuit Judge Justin Walker, who voiced skepticism of the order at Monday’s argument, did not directly reference that barrage of attacks. But the Trump appointee made a point to clarify that any disagreement of his was “with respect for the dedicated work of the district court.” 

“I want to preface that by saying we’ve had a week to look at this issue, and it’s been hard, and the district court only had a day,” Walker emphasized. 

Despite the stronger sentiments voiced by Millett and Walker, the overall panel’s leaning is unclear. The third judge who heard the case, U.S. Circuit Judge Karen Henderson, an appointee of former President George H. W. Bush, remained relatively quiet. 

As the court heard arguments Monday afternoon, the family of one of the deported migrants filed a new lawsuit in Maryland claiming he has been illegally removed and is not a Venezuelan gang member. 

Lee Gelernt, an attorney at the American Civil Liberties Union leading the existing lawsuit that was filed on behalf of five migrants, warned the panel that if it lifts the lower judge’s ruling even briefly, “our people are on a plane. They’re just on a plane.” 

Share and Follow
You May Also Like
Trump sends troops, task force to Memphis in crackdown on crime

Trump Deploys Military Task Force to Tackle Crime in Memphis

() President Donald Trump’s federal crackdown on crime was underway Thursday in…
Gaza death toll mounts as Hamas considers its response to Trump's peace proposal

Gaza Casualties Rise as Hamas Weighs Reaction to Trump’s Peace Plan

Hospitals say that Israeli strikes overnight killed at least 13 Palestinians in…
Scammers could take advantage of shutdown, Michigan AG warns

Michigan AG Alerts of Potential Scammer Activity During Shutdown

LANSING, Mich. (WLNS) Scammers could attempt to take advantage of the federal…
Smugglers ditch migrant atop border wall

Smugglers Abandon Migrant at Border Wall’s Summit

EL PASO, Texas (Border Report) — Border agents say smugglers abandoned a…
Government shutdown live updates as impasse enters second day

Live Updates on Government Shutdown as Deadlock Continues into Second Day

The National Park Service, which is part of the Interior Department, released…
Denise Richards' ex Aaron Phypers fears he'll be 'evicted and homeless' if he's not paid $150K

Denise Richards’ Former Spouse Aaron Phypers Worried About Homelessness Without $150K Payment

Denise Richards’ estranged husband revealed in new court docs that he is…
Chicago immigration raids: Family 'unlawfully' detained by ICE at Millennium Park now separated, court filing argues

Chicago Immigration Raids: Court Filing Claims Family Unlawfully Detained by ICE at Millennium Park Now Separated

CHICAGO (WLS) — Attorneys for the National Immigrant Justice Center (NIJC) have…
Congress gets paid during a government shutdown, others have to wait

Lawmakers Receive Salaries During Government Shutdown While Others Face Delays

() The federal government shut down for the first time since 2019 on…