An appeals court judge criticized the treatment of Venezuelan migrants under the Alien Enemies Act, asserting they received less due process than historical Nazi detainees. Judge Millett emphasized the need for individual hearings and procedural fairness, while the government’s attorney acknowledged some deficiencies in the process. The court’s decision may have far-reaching implications for deportations and migrant rights.

An appeals court judge has stated that Nazis received better treatment under the Alien Enemies Act compared to Venezuelan migrants recently deported from the United States. Judge Patricia Millett expressed her concerns during oral arguments, highlighting the lack of due process afforded to the Venezuelans. In contrast, historical precedents during World War II provided Nazis with hearings overseen by the administration of President Franklin D. Roosevelt.

The judge emphasized that while the Alien Enemies Act may allow for the detention of migrants, it does not permit deportation until a preliminary injunction regarding their cases is resolved. Judge Millett noted that this statute, invoked only a few times in U.S. history, has never been used outside of wartime conditions, raising issues about the removal process for individuals who may not be associated with the Tren de Aragua gang.

During the proceedings, Judge Justin Walker questioned the need for individual hearings before deportations, seeking clarification on how these hearings could be conducted. The government’s attorney, Drew Ensign, conceded some points but failed to provide a specific answer regarding the timeline and notification processes for those detained.

Plaintiffs’ attorney Lee Gelernt criticized the lack of due process, asserting that the migrants were categorized as gang members without prior notice. The government’s argument defending the President’s authority in utilizing the Alien Enemies Act was met with skepticism by the judges.

Judge Boasberg of the D.C. District Court opposed the government’s motion to reverse his earlier decision that blocked deportations. He indicated that the use of the Alien Enemies Act for deportations might not be lawful if the actions in question do not constitute an invasion or similar threat.

The court has faced challenges concerning the appeal’s venue, with debates arising over whether the case should be heard in Texas rather than Washington, D.C., where the plaintiffs are presently held. Gelernt emphasized that the government’s actions to expedite deportations lacked transparency and did not allow for individual hearings for the accused gang members.

Gelernt ultimately urged the court to prevent further deportations, citing that many of those removed had no ties to gang activities, and expressed concerns over the potential return of individuals to dangerous conditions if procedural rights were not upheld.

The remarks by Judge Patricia Millett highlight serious concerns regarding the application of the Alien Enemies Act, specifically in the context of Venezuelan migrants. The case illustrates the complexities of due process and individual rights amid national security considerations. The outcome of the judicial proceedings may set a significant precedent regarding the treatment of migrants and the invocation of historic statutes by the government.

Original Source: www.cbsnews.com

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