Federal Judge Raises Concerns Over Deportation of Venezuelan Migrants Without Due Process, Drawing Historical Comparisons to WWII Treatment of Nazis

A federal appellate judge raised concerns on Monday regarding the treatment of Venezuelan migrants who were deported to El Salvador and detained in a maximum-security prison without due process. The case, involving alleged members of the Tren de Aragua gang, has drawn comparisons to historical precedents, with Judge Patricia Millett of the D.C. Circuit Court highlighting the differences in treatment between these migrants and Nazi detainees during World War II.

During the proceedings, Judge Millett noted that under President Franklin D. Roosevelt’s administration, Nazis were afforded hearings under the Alien Enemies Act. In contrast, the Trump administration’s actions have been characterized by a lack of due process, as the deported migrants were not given notice or informed of their destination. The administration has been criticized for the swift removal of these individuals based on unverified claims of gang affiliation.

The government’s attorney, Drew Ensign, disputed the analogy to Nazi treatment, defending the administration’s actions. However, the comparison underscores the legal and ethical questions surrounding the use of a war powers statute, which had not been invoked since World War II, to justify the deportations.

The case has prompted a pause by a lower court judge, reflecting the ongoing legal challenges and debates over the rights of migrants and the application of historical statutes in contemporary contexts. The situation continues to unfold as the courts assess the balance between national security concerns and the rights of individuals facing deportation.