WASHINGTON: A federal judge on Monday sharply criticized the Trump administration’s summary deportation of alleged Venezuelan gang members, saying “Nazis got better treatment” from the United States during World War II.
President Donald Trump sent two planeloads of Venezuelan migrants to a prison in El Salvador on March 15 after invoking an obscure wartime law known as the 1798 Alien Enemies Act (AEA).
James Boasberg, chief judge of the US District Court in Washington, issued a restraining order that same day temporarily barring the Trump administration from carrying out any further deportation flights under the AEA.
The Justice Department is seeking to have the order lifted and a three-judge US Court of Appeals panel heard oral arguments in the closely watched case on Monday.
Justice Department attorney Drew Ensign said the judge’s order “represents an unprecedented and enormous intrusion upon the powers of the executive branch” and “enjoins the president’s exercise of his war and foreign affairs powers.”
Judge Patricia Millett appeared unconvinced and said the lower court judge was not disputing Trump’s presidential authority only the denial of individual court hearings to the deportees.
Attorneys for several of the deported Venezuelans have said that their clients were not members of the Tren de Aragua (TdA) gang, had committed no crimes and were targeted largely on the basis of their tattoos.
“Nazis got better treatment under the Alien Enemies Act,” said Millett, an appointee of former Democratic president Barack Obama. “They had hearing boards before people were removed.”
“People on those planes on that Saturday had no opportunity to challenge their removal under the AEA,” she said. “Y’all could have picked me up on Saturday and thrown me on a plane thinking I’m a member of Tren de Aragua and given me no chance to protest it.
“Somehow it’s a violation of presidential war powers for me to say, ‘Excuse me, no, I’m not. I’d like a hearing?’“
Judge Justin Walker, a Trump appointee, also suggested that court hearings were warranted but appeared more receptive to the arguments that the judge’s order impinged on presidential powers.
The third judge on the panel is an appointee of former Republican president George H.W. Bush.
The AEA, which has previously only been used during the War of 1812, World War I and World War II, gives the government vast powers to round up citizens of a “hostile nation” during wartime.

Lee Gelernt, a lawyer for the American Civil Liberties Union, which filed suit against the deportations, told the appeals court panel that the Trump administration was using the AEA “to try and short circuit immigration proceedings.”
The government would likely immediately resume AEA deportations if the temporary restraining order was lifted, Gelernt said.
“We are talking about people being sent to El Salvador, to one of the worst prisons in the world, incommunicado,” he said. “They’re essentially being disappeared.”
In a 37-page opinion issued on Monday, Boasberg, the district court judge, said that migrants subject to potential deportation under the AEA should be “entitled to individualized hearings to determine whether the Act applies to them at all.”
Trump has repeatedly lashed out at Boasberg, even going so far as to call for his impeachment, a remark that drew a rare public rebuke from Supreme Court Chief Justice John Roberts.
The contentious case has raised concerns among legal experts that the Trump administration would potentially ignore the court order, triggering a constitutional crisis.
Ahead of the hearing, Deputy Attorney General Todd Blanche announced plans to send three alleged TdA members facing extortion and kidnapping charges to Chile under the AEA.
Blanche said the Justice Department “is taking every step within the bounds of the law to ensure these individuals are promptly sent to Chile to face justice.”
 

ADDIS ABABA: Eight survivors of the devastating conflict in Ethiopia’s northern Tigray region have accused 12 high-ranking Ethiopian and Eritrean civilian and military officials of war crimes and crimes against humanity, the legal rights group representing them said on Monday.

The Tigray region, bordering Eritrea, endured a war between 2020 and 2022 that claimed up to 600,000 lives, according to some estimates.

The conflict pitted Tigray People’s Liberation Front rebels against federal Ethiopian forces, supported by local militias and the Eritrean army.

Both sides were accused of committing atrocities, with the government sealing off Tigray for most of the war and restricting humanitarian aid to the region.

Eight survivors “have filed a groundbreaking criminal complaint with the German Federal Public Prosecutor, alleging that 12 senior Ethiopian and Eritrean government officials and military officers committed war crimes and crimes against humanity during the conflict,” nonprofit Legal Action Worldwide said in a statement.

The Swiss-based organization did not disclose the identities of those accused in the filing, submitted in 2024 but announced last week.

A LAW spokesperson said on Monday they could not “confirm or deny” whether Ethiopian Prime Minister Abiy Ahmed or Eritrean President Isaias Afwerki were mentioned.

The case is being filed in Germany under the principle of universal jurisdiction, which allows the prosecution of crimes regardless of where they were committed, as they violate international law.

“We are asking the German authorities to open a criminal investigation and to issue arrest warrants for 12 suspects,” Nick Leddy, head of LAW’s strategic litigation department and a former prosecutor at the International Criminal Court, told AFP.

He said they would not be naming the suspects as it could “jeopardize the chances of their arrest.”

The identities of the plaintiffs have not been made public either. “I’ve lost two of the most important people in my life in this war: my younger brother and my mom,” LAW quoted one of them as saying.

“The suffering and agony continues.”

“Tigrayans are still dying every day,” they added, saying justice must be brought to those “who orchestrated and engineered these unimaginable crimes.”

Allegations of massacres, mass rapes, and other atrocities by all sides marked the two-year conflict. In 2022, a United Nations commission said it had “reasonable grounds to believe that, in several instances, these violations amount to war crimes and crimes against humanity.”

Anna Oehmichen, a lawyer involved in the case, said the “gravity of the crimes in Tigray is dramatic.”

It requires investigation and prosecution. 

She said: “To put an end to the ongoing violations of international law and to prevent other heads of state from committing similarly devastating crimes.”

Although a peace agreement was signed in November 2022, around 1 million of the region’s pre-war population of 6 million remain displaced.

In recent weeks, a rift within the TPLF has reignited fears of renewed conflict.