In a recent legal challenge, the Trump administration faced scrutiny from a federal judge over its application of a seldom-used wartime law to deport Venezuelans suspected of having ties to the Tren de Aragua gang. The Alien Enemies Act, last invoked after the Pearl Harbor attack during World War II against Japanese, German, and Italian nationals, has raised questions regarding its contemporary use.
During a court hearing on the matter, D.C. Circuit Court of Appeals Judge Patricia Millett highlighted the lack of procedural safeguards provided to those being deported. She stated, “Nazis got better treatment under the Alien Enemies Act than what has happened here,” emphasizing the absence of notice or information for those affected by the removals to El Salvador.
The Justice Department lawyers are seeking to overturn a temporary restraining order issued by U.S. District Judge James Boasberg that currently blocks deportations under this act. This legal battle is pivotal to the Trump administration’s broader immigration policy, which seeks to leverage executive powers in unprecedented ways.
The three-judge panel has not yet issued a ruling, but Judge Millett appeared to sympathize with immigrant rights groups opposing immediate deportations. However, the stance of Judge Karen Henderson, appointed by George W. Bush, remains uncertain.
Court documents suggest that lifting the deportation pause could subject approximately 258 individuals to removal proceedings under the Alien Enemies Act for allegedly being members of the Tren de Aragua. The debate centers on whether the district court’s pause represents an overreach into presidential authority. DOJ attorneys argue that disrupting the deportations poses an “enormous intrusion” on executive power, complicating diplomatic negotiations with countries willing to accept deportees.
As the case unfolds, several key legal arguments persist, particularly concerning the due process for those accused. Judge Millett stressed that the government must afford individuals the opportunity to contest their designation as alien enemies before deportation. Meanwhile, Judge Justin Walker, appointed by President Trump, suggested that detainees could file habeas petitions, contending that the claims should have been filed in Texas, where the initial plaintiffs were detained.
In parallel, Judge Boasberg has maintained a 14-day pause on deportations, ordering immigrant rights groups to pursue a preliminary injunction that could extend the halt. This pause prevents deportations without individualized hearings but does not restrain the government from making arrests.
The Trump administration and DOJ are expected to decide soon whether they will invoke privileges to withhold details about the deportation flights from the legal proceedings, as ordered by Judge Boasberg. The case remains a significant legal test of the government’s reach under the Alien Enemies Act.
