In a recent federal appeals court hearing, Judge Patricia Millett expressed strong criticism of the Trump administration's application of the Alien Enemies Act of 1798 to deport Venezuelan migrants, stating, "Nazis got better treatment under the Alien Enemies Act than has happened here." ​
The administration invoked this seldom-used wartime statute to deport alleged members of the Venezuelan gang Tren de Aragua to El Salvador, where they are currently detained in a maximum-security prison. Judge Millett highlighted that during World War II, individuals associated with Nazi Germany were afforded hearings before deportation, a due process not extended to the Venezuelan migrants in question. ​
Government attorney Drew Ensign defended the administration's actions, disputing the comparison to Nazi-era practices and emphasizing the perceived security threats posed by the deported individuals. The court's decision on this matter remains pending, with significant implications for the balance between executive power and individual rights in immigration enforcement.