In Brownsville, Texas, migrants who are facing deportation under the debated Alien Enemies Act are being given around 12 hours to decide if they will challenge their removal, as outlined in court documents that were made public on Thursday. The government maintains that this timeframe aligns with a Supreme Court decision, ensuring those detained under the act are provided a “reasonable” period to appeal.
However, attorneys representing these migrants argue that this timeframe is far too short. Lee Gelernt, a lawyer with the American Civil Liberties Union (ACLU) which represents many of these individuals, highlighted the challenges faced by stating, “This is a dramatic turn in these cases. They’re not giving any information about how they should do it, how much time they would have to do it, and 12 hours is clearly insufficient for them to reach an attorney and decide what they want to do and how they should do it.”
The act in question has been utilized recently to deport Venezuelans accused of being associated with the Tren de Aragua from the U.S. to a facility in El Salvador known as CECOT. According to an Immigration and Customs Enforcement (ICE) official, individuals are considered eligible for deportation unless they express a desire to contest their removal within 12 hours of being given a document that outlines their rights. Subsequently, they have 24 hours to file paperwork in court.
Critically, the form provided is in English, although ICE asserts that the content is orally communicated in a language the detainee understands. The form indicates they have the right to make a phone call but does not clearly state that they can challenge their deportation under the 18th-century statute.
The government initially sought to keep the document sealed, arguing that the content was sensitive to law enforcement. Nevertheless, a judge mandated its public release. The ACLU claims the short notice period violates a Supreme Court ruling that permitted the previous administration to continue deportations under the Alien Enemies Act but required a “reasonable time” for detainees to contest removal in court.
This order from the high court has triggered multiple new legal suits across the nation, including one in Texas, over the application of this historical act, which has been utilized three previous times in U.S. history, with the last instance being during World War II. Then, suspected Nazis were reportedly granted a 30-day window to challenge their detainment.
Recently, a judge in Colorado mandated that the U.S. government should provide at least a 21-day notice period. In response, the Trump administration contested this ruling, claiming its current timeline complies with constitutional due process. As per Tim Ramnitz from the Justice Department, “The notice will allow the noncitizen a reasonable time to indicate and then file a petition for a writ of habeas corpus as well as telephone access.”
Government representatives had previously informed a federal judge in Washington that detainees received a 24-hour notice. The official in the Texas case further stated that those subjected to the Alien Enemies Act are often kept for several days prior to deportation, which potentially provides them more time to declare their intention to file and dispute their deportation.
Earlier court filings in Washington mentioned that there was initially no option for detainees to petition for judicial intervention. That changed following intervention by the Supreme Court.