Detained migrants given as few as 12 hours to contest deportation under Alien Enemies Act, ICE document says
Migrants are being given as few as 12 hours to contest their deportation after being formally notified, according to document from ICE unsealed Thursday.
The Trump administration is giving migrants as few as 12 hours to contest their deportation after being formally notified, according to an unsealed document released Thursday.
The filing came from a U.S. Immigration and Customs Enforcement (ICE) official. The document was revealed in Texas federal court in a pending challenge from lawyers representing detained migrants held in the state.
"Although there may be fact-specific exceptional cases, in a general case, after an alien is served with Form AEA 21-B, the alien is given a reasonable amount of time, and no less than 12 hours, including the ability to make a telephone call, to indicate or express an intent to file a habeas petition," the document states.
"If the alien does not express any such intention, then ICE may proceed with the removal, though such removal may not actually occur for many more hours or days, giving the alien additional time to express an intent."
Typically, those set to be deported would be allowed to file a habeas petition under the Alien Enemies Act of 1798 within a 24-hour time period, which the document also addresses.
"If the alien does express an intent to file a habeas petition, the alien is given a reasonable amount of time, and no less than 24 hours, to actually file that petition," the unsealed document reads. "If the alien does not file such a petition within 24 hours, then ICE may proceed with the removal, though such removal may not actually occur for many more hours or days, giving the alien additional time to file the petition."
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The document's unsealing came days after the Supreme Court moved to halt President Donald Trump's deportations of Venezuelan criminals under the Alien Enemies Act.
The decision, which was issued early Saturday morning, was contested by Justice Samuel Alito and Justice Clarence Thomas.
"I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate," Alito wrote in his dissent.
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"Both the Executive and the Judiciary have an obligation to follow the law. The Executive must proceed under the terms of our order in Trump v. J. G. G., 604 U. S. ___ (2025) (per curiam), and this Court should follow established procedures."
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