An Obama-appointed judge blasted the Trump administration for flying suspected Tren de Aragua members to a prison in El Salvador during an appeals court hearing on Monday, saying that the detainees did not get due process and that "Nazis got better treatment."

The 260 suspected gang members flown to El Salvador were done so under the 1798 Alien Enemies Act after President Donald Trump declared Tren de Aragua a domestic terror organization and declared a national emergency at the southern border.

Judge Patricia Millett was skeptical of the administration's actions and questioned them while interjecting her own opinions at times.

“There were planeloads of people. There were no procedures in place to notify people,” Millett exclaimed at one point. “Nazis got better treatment under the Alien Enemies Act [during World War II] than has happened here.”

"No opportunity"

“There’s no regulations, and nothing was adopted by the agency officials that were administering this. The people weren’t given notice,” she added. “They weren’t told where they were going. They were given [to] those people on those planes on that Saturday and had no opportunity to file [for] habeas [corpus].”

Her comments don't bode well for the administration's appeal effort--the next step after DC US District Judge James Boasberg’s injunction barring it from any more migrant flights for at least 14 days.

“We certainly dispute the Nazi analogy,” deputy assistant attorney general Drew Ensign said in defense of the Trump administration. “But more importantly, the fact is that individual plaintiffs were able to file habeas in time in order to secure relief [to] five individual plaintiffs.”

Ensign referred to five of the detainees who sued the administration to block their relocation to El Salvador.

"No jurisdiction"

Millet pointed out that the writs of habeus corpus were only made possible because of Boasberg's ruling and the fact that the men were detained and not deported.

“If the government says, ‘We don’t have to give process for that,’ then y’all could’ve picked me up on Saturday and thrown me on a plane,” the judge remarked.

In other words, according to her, the Trump administration could say she was “a member of [Tren De Aragua]" and give her "no chance to protest it.”

Trump has already argued that the courts have no jurisdiction over the use of the Alien Enemies Act, since it is a wartime declaration.

"Utterly unprecedented"

“I think the intrusion upon the war powers and foreign policy powers of the president … is utterly unprecedented,” Ensign argued during the hearing.

Millet had an answer for that too, saying, “It is an unprecedented action as well. So of course, there’s no precedent for it, because no president has ever used this statute this way — which isn’t to say one way or the other whether it can be done, but simply to say we are in unprecedented territory.”

“The problem is not with the president’s proclamation, it’s with its implementation by lower-level executive officials,” she later explained about Boasberg’s restraining order. “There’s nothing there about enjoining his war or national security powers.”