“Nazis Got Better Treatment”: Judge Slams Trump Administration’s Use of Alien Enemies Act in Deportations
Washington, D.C. [Date] – A federal judge sharply criticized the Trump administration’s application of the 1798 Alien Enemies Act, stating that World War II-era Nazi prisoners received fairer treatment than recent deportees under the controversial law.
The scathing remarks came during a hearing concerning the Biden administration’s attempt to dismiss a lawsuit filed by Palestinian immigrants who were abruptly detained and deported in 2019 under the rarely invoked statute.
Judge Cites Stark Double Standard
U.S. District Judge Tanya Chutkan highlighted historical records showing that German and Italian detainees during WWII were granted hearings before deportation. By contrast, the Trump administration used the law to immediately expel individuals without due process, including Palestinians swept up in Immigration and Customs Enforcement (ICE) raids.
“The Nazis got better treatment than these petitioners did,” Chutkan said, noting that past administrations had applied the law with basic procedural safeguards.
The Alien Enemies Act: A Centuries-Old Law Reawakened
- Enacted in 1798, the law allows the U.S. to detain or deport noncitizens from nations deemed “enemies” during war or invasion.
- Rarely used in modern times until the Trump administration employed it against Palestinian, Yemeni, and Iraqi nationals—many with longstanding U.S. ties.
- Critics argue its broad, unchecked power violates constitutional rights.
Biden Admin Seeks to Dismiss Case
The Justice Department has moved to dismiss the lawsuit, claiming the deportations are now moot because the plaintiffs were removed. But Judge Chutkan questioned whether the government should escape accountability, stating:
“Just because you’ve already violated someone’s rights doesn’t mean the court can’t rule on whether that violation was legal.”
Implications for Future Immigration Policy
The case could set a precedent for how far presidential administrations can stretch the Alien Enemies Act—a law legal scholars warn could be weaponized against any immigrant group during geopolitical tensions.
“This isn’t just about the past—it’s about preventing future abuses,” said ACLU attorney Jonathan Smith, representing the plaintiffs.
What’s Next?
Judge Chutkan has not yet ruled on the dismissal motion. If the case proceeds, it may force the U.S. to reckon with whether mass deportations without hearings—reminiscent of WWII internment camps—can ever be justified.
Key Takeaways:
- A federal judge compared Trump-era deportees’ treatment unfavorably to WWII Nazi detainees.
- The Alien Enemies Act, dormant for decades, faces renewed scrutiny.
- Ruling could curb future presidential power over immigrant deportations.
