A US appeals court judge has stated that Venezuelan migrants deported under the Trump administration had fewer rights than Nazis during World War II. Judge Patricia Millett made the remark while challenging the use of the 1798 Alien Enemies Act to deport alleged members of the Tren de Aragua gang.
During the hearing, government lawyer Drew Ensign defended the deportations, disputing the Nazi comparison. The Trump administration had invoked the rarely used 18th-century law, which had previously been applied during World War II to detain and deport Japanese, German, and Italian immigrants. The administration now seeks to overturn a two-week ban imposed by Judge James Boasberg, who halted the use of this law to deport migrants without due process.
Family members of deported Venezuelans deny their alleged gang affiliations, arguing that US authorities made wrongful classifications. One case involved a Venezuelan soccer player who was labeled a gang member due to a tattoo of a crown, which actually represented his favorite team, Real Madrid.
The legal battle has escalated, with Trump calling for Boasberg’s impeachment after his ruling. In response, US Supreme Court Chief Justice John Roberts issued a rare statement, emphasizing that judicial decisions should be contested through appeals, not impeachment.
The administration also invoked the state secrets privilege, refusing to disclose details about deportation flights. Despite Boasberg’s ruling, over 200 Venezuelan migrants were deported to El Salvador, where they were detained under a $6 million US-backed deal with President Nayib Bukele. Some deportees were reportedly rejected by El Salvadoran authorities and returned to the US.
The case has become a major test of executive power, with federal judges standing as one of the few checks on Trump’s broad immigration policies. The court has yet to announce its ruling on the administration’s appeal.