Judge Questions Trump Administration's Deportation Legality Amid New Concerns
Judge Millett criticizes deportations under the Alien Enemies Act, raising new questions about due process and the administration's invocation of state secrets privilege.
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This El Salvador case has generated multiple tests for the Trump administration, both concerning Trump’s power to deport people without due process, which could provide a significant roadblock for Trump's promised mass deportations, and whether his administration will or will not obey the courts.
"You could throw me on the plane": Trump's claiming the right to deport literally anyone, judge says
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Indeed, new information has come to light suggesting that several deportees are not gang-affiliated at all.
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The Trump administration also invoked the state secrets privilege Monday, refusing to give a federal judge any additional information about the deportation of those migrants.
'Nazis got better treatment' than deported migrants, federal judge says
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The judge said the question at hand wasn't the use of the act, but rather, the right of detainees to have due process and challenge their status as accused members of the gang.
Appeals court judge says Nazis were treated better than Venezuelans under Alien Enemies Act
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The three judges are weighing whether to reverse a temporary restraining order issued by Judge James Boasberg in the lower court as part of a heated and fast-moving lawsuit over the powerful deportation statute, which was last used in the aftermath of the 1941 attack on Pearl Harbor.
Appeals court appears divided on Trump’s use of Alien Enemies Act
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Trump issued several executive orders to address illegal immigration, including one that designated Mexican drug cartels, TdA and MS-13 as foreign terrorist organizations upon taking office Jan. 20.
Obama Appointed Judge Says ‘Nazis Got Better Treatment’ Than Gang Members Trump Deported
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The remark from Millett came during a hearing regarding whether a lower court can address the Trump administration’s plan to deport hundreds, potentially thousands, of gang members associated with Tren de Aragua and MS-13 through the Alien Enemies Act.
Judge: 'Nazis Got Better Treatment' than Gang Members Deported by Trump
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The fight over the rarely used wartime power has become central to Trump's immigration crackdown agenda and his efforts to stretch the power of the executive branch.
Judge contends Nazis got more due process than Trump deportees did
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It was not immediately clear when the appeals court plans to issue its ruling.
Judge claims 'Nazis got better treatment' than Venezuelans deported by Trump
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Millett agreed with Ensign that the wartime law is constitutional but questioned how it was implemented — asking whether, in the absence of due process, she could be labeled a gang member and deported without a hearing.
'Nazis got better treatment,' appeals court judge says of deportees in Alien Enemies Act case
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'Nazis Got Better Treatment,' Judge Says of Deportations
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Summary
During an appeals court hearing, Judge Patricia Millett condemned the Trump administration's deportation of Venezuelan nationals under the Alien Enemies Act, asserting they faced less due process than Nazis during WWII. The court is deliberating a request from the Trump administration to lift a lower court's ruling halting deportation flights, which has implications for alleged gang members from the Tren de Aragua group. The administration has also cited state secrets privilege in refusing to disclose details about deported individuals, claiming disclosure could threaten national security. Judge Millett emphasized the need for provisional hearings before deportation.
Perspectives
Judge Patricia Millett highlighted the lack of due process for Venezuelan nationals deported under the Alien Enemies Act, stating they received less fair treatment than Nazis in similar situations during World War II.
Concerns were raised about the implementation of the Alien Enemies Act, with judges questioning the government's commitment to individual hearings for deportees accused of gang membership.
While the legality of the Alien Enemies Act itself is not disputed, the method of its application by the Trump administration is under scrutiny, particularly regarding the rights of individuals expected to be deported.
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