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.