On Monday, a federal appeals court in Washington, D.C. heard arguments about the Trump administration’s controversial application of the Alien Enemies Act, a rarely used wartime law, to deport Venezuelan nationals suspected of being members of the Tren de Aragua gang. This marks the first invocation of the act since World War II.
During the hearing, Judge Patricia Millett, appointed by former President Barack Obama, expressed strong concerns about the lack of due process afforded to the deportees.
“Nazis got better treatment under the Alien Enemies Act,” said Millett.
The case centers on the deportation of over 200 individuals, primarily Venezuelan men, to El Salvador. These deportees were not given notice, informed of their destination, or provided an opportunity to challenge their removal. A U.S. Immigration and Customs Enforcement official has since acknowledged that many of those deported did not have criminal records in the United States.
The Trump administration argues that the judiciary lacks the authority to review the use of the Alien Enemies Act, claiming the deportations fall under the president’s constitutional powers to remove alleged terrorists and execute foreign policy. However, lawyers for the deportees contend that the administration has overstepped its authority by using the Act outside of wartime.
“All of the sudden, if the president’s power were unreviewable under this act,” said Lee Gelernt, an ACLU attorney, ”then anybody could be turn an alien enemy.”
Judge James E. Boasberg of the District Court has maintained a temporary restraining order blocking further deportations under the act. The Justice Department is now seeking to overturn this order, with the case potentially heading to the U.S. Supreme Court.
