U.S. Judge Sparks Outrage: “Nazis were treated better under the Alien Enemies Act than what happened here"

Written by Asger Risom

Mar.25 - 2025 8:51 AM CET

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A federal appellate court judge says Venezuelan migrants were denied more rights than Nazis, igniting a firestorm around the Trump administration’s use of an 18th-century law.

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The intersection of immigration enforcement and civil liberties has always been a tense space in American politics. But a recent courtroom remark has ignited fierce debate, drawing uncomfortable comparisons between past and present U.S. deportation policies.

Judge Slams Government Over Venezuelan Deportations

During a hearing on the Trump administration’s recent deportations of Venezuelan migrants, U.S. Court of Appeals Judge Patricia Millett claimed that Nazis were treated with more legal fairness during World War II than the individuals targeted by current policies.

The controversial remark came as she questioned government attorney Drew Ensign about whether Venezuelans were given a chance to contest accusations before being removed.

“Nazis were treated better under the Alien Enemies Act than what happened here,” Millett stated, referencing the rarely invoked 1798 law used to justify the expulsions.

The case centers on the deportation of Venezuelan migrants accused of gang affiliations — specifically links to the criminal group Tren de Aragua — and sent to El Salvador without judicial removal orders. Critics say the process lacked transparency, due process, and individual legal review.

Legal Fallout and Historical Echoes

The Trump administration invoked the Alien Enemies Act to bypass immigration courts, a statute used just three times in U.S. history, most notably during World War II to intern or deport Japanese, German, and Italian nationals.

In this instance, the administration argues the law’s use is necessary for national security. But civil liberties advocates — and Judge Millett — argue the approach sets a dangerous precedent.

"Surely we contest the Nazi analogy," replied Ensign during the hearing, reflecting the administration’s unease with the comparison.

A lower court had already imposed a temporary two-week ban on these deportations, but the Trump administration is now appealing that ruling.

As reported by Digi24, the legal challenge could have lasting implications for how historical laws are used in modern immigration enforcement — and how the U.S. balances national security with human rights.