this post was submitted on 29 Mar 2025
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At least one deportee on the planes was really Nicaraguan, and not Venezuelan at all. El Salvador refused to accept him into their torture prison, because they don't want to piss off their neighbor Nicaragua.
Edit: Also, Judge Millet on the DC Circuit Court of Appeals asked this exact question: "It could have been me. You could throw me on a plane?". The government's response to this was, "Your honor, nothing of the sort is in the record!". Aka, we're not throwing you on a plane, yet.. Truly, one of the great ways to persuade a jurist to your cause.
Another choice Millet quote: "Nazis got better treatment than this!". (Referring to Germans deported under the same law during WWII, where they generally had notice, hearings, and the chance to depart voluntarily).
The "record" that the government lawyer was talking about is just the set of papers filed in this one case. Judges are nominally supposed to make decisions based only on the information that people bring in front of them.
Ex parte Endo is actually relevant case law in the arguments for this Venezuelan case, since the justification for the Japanese American internment was the same 1798 alien enemies act. The current law of the land from Endo is that the internment of first generation Japanese immigrants, who were not citizens, was legal during the declared war. The internment of second and third generation citizens of Japanese descent was not legal.
This certainly seems plausible to me, but this scenario is not (yet) alleged in this specific Venezuelan case.