A federal appeals judge tore into the Trump administration Monday as the court considered lifting a block on the administration’s swift deportations under the Alien Enemies Act.
“There were plane loads of people. There were no procedures in place to notify people. Nazis got better treatment under the Alien Enemies Act than has happened here,” said U.S. Circuit Judge Patricia Millett.
It remained unclear how the three-judge D.C. Circuit Court of Appeals panel will ultimately rule following Monday’s oral argument. But Millett, an appointee of former President Obama, repeatedly questioned how the deported migrants could’ve exercised due process before they were sent to a notorious Salvadoran prison.
“Y’all could have put me up on Saturday and thrown me on a plane, thinking I’m a member of Tren de Aragua, and giving me no chance to protest it and say somehow it’s a violation of presidential war powers,” the judge said. “For me to say, ‘excuse me, no, I’m not, I’d like a hearing.’”
Trump invoked the Alien Enemies Act earlier this month, within hours deporting more than 200 migrants to El Salvador whom the administrations claims are Venezuelan gang members.
The appeals court is considering the Justice Department’s request to lift U.S. District Judge James Boasberg’s order that temporarily blocks the administration from invoking the centuries-old, wartime law.
“The District Court’s order represents an unprecedented and enormous intrusion upon the powers of the executive branch,” Deputy Assistant Attorney General Drew Ensign told the panel.
Boasberg’s ruling has set off a firestorm of public criticism, including an impeachment threat from President Trump.
U.S. Circuit Judge Justin Walker, who voiced skepticism of the order at Monday’s argument, did not directly reference that barrage of attacks. But the Trump appointee made a point to clarify that any disagreement was “with respect for the dedicated work of the district court.”
“I want to preface that by saying we’ve had a week to look at this issue, and it’s been hard, and the district court only had a day,” Walker emphasized.
Despite the stronger sentiments voiced by Millett and Walker, the overall panel’s leaning is unclear. The third judge who heard the case, U.S. Circuit Judge Karen Henderson, an appointee of the older former President Bush, remained relatively quiet.
As the court heard arguments Monday afternoon, the family of one of the deported migrants filed a new lawsuit in Maryland claiming he has been illegally removed and is not a Venezuelan gang member.
Lee Gelernt, an attorney at the American Civil Liberties Union (ACLU) leading the existing lawsuit that was filed on behalf of five migrants, warned the panel that if they lift the lower judge’s ruling even briefly, “our people are on a plane. They’re just on a plane.”
