WASHINGTON — A panel of appeals court judges appeared divided Monday on a Trump administration push to lift an order blocking deportation of Venezuelan migrants to El Salvador under an 18th century wartime law — a case that has become a flashpoint amid escalating tension with the federal courts.

Circuit Court Judge Patricia Millett said Nazis detained in the U.S. during World World II received better legal treatment than Venezuelan immigrants who were were deported to El Salvador this month under the same statute.

“We certainly dispute the Nazi analogy,” Justice Department attorney Drew Ensign responded during a hearing of the U.S. Court of Appeals for the District of Columbia Circuit.

Millett is one of three appellate judges who will decide whether to lift a March 15 order temporarily prohibiting deportations under the Alien Enemies Act of 1798. They didn’t rule from the bench Monday.

A second judge appeared open to the administration’s argument that the migrants should be challenging their detention in Texas rather than the nation’s capital. The third judge on the panel didn’t ask any questions.

The administration has transferred hundreds of Venezuelan immigrants to El Salvador, invoking the Alien Enemies Act for the first time since World War II.

President Donald Trump’s administration appealed after Chief Judge James Boasberg blocked those deportations and ordered planeloads of Venezuelan immigrants to return to the U.S. That did not happen.

The Alien Enemies Act allows noncitizens to be deported without the opportunity to go before an immigration or federal court judge. Trump issued a proclamation calling the Tren de Aragua gang an invading force.

Ensign argued that Boasberg’s ruling was an “unprecedented and enormous intrusion upon the powers of the executive branch.”

“The president has to comply with the Constitution and the laws like anyone else,” said MiIlett, who was nominated by Democratic President Barack Obama in 2013.

Judge Justin Walker, whom Trump nominated in 2020, seemed to be more receptive to the administration’s arguments based on his line of questioning. Walker pointed to the government’s arguments that the plaintiffs should have filed their lawsuit in Texas, where the immigrants were detained.

“You could have filed the exact same complaint you filed here in Texas district court,” Walker told American Civil Liberties Union attorney Lee Gelernt.

Walker also pressed the plaintiffs’ lawyer to cite any prior case in which a judicial order blocking “a national security operation with foreign implications” survived appellate review.

Gelernt accused the administration of trying to use the law to “short circuit” immigration proceedings. Plaintiffs’ attorneys had no way to individually challenge all the deportations before planeloads of Venezuelans took off on March 15, he added.

Judge Karen LeCraft Henderson, who was nominated by Republican President George H.W. Bush in 1990, was the third judge on the panel. She didn’t ask any questions during a hearing that lasted roughly two hours.