Migrants targeted for removal from the United States under the controversial Alien Enemies Act now have approximately 12 hours to decide whether to contest their deportation, according to recently unsealed court documents. The brief timeframe, disclosed on Thursday, has intensified legal challenges, with advocates arguing it violates the Supreme Court’s directive requiring a "reasonable" period for appeals.
The American Civil Liberties Union (ACLU), representing affected migrants, condemned the government's approach, highlighting the inadequacy of the 12-hour window. Lee Gelernt, an attorney with the ACLU, described the situation as a "dramatic turn," emphasizing that detainees receive insufficient guidance on their rights and lack adequate time to consult attorneys.
Under the seldom-used wartime statute, Venezuelans accused of belonging to the criminal organization Tren de Aragua have been deported to El Salvador’s notorious CECOT prison. According to Immigration and Customs Enforcement (ICE), detainees must state their intention to challenge removal within 12 hours after receiving a form outlining their legal rights. Subsequently, migrants have only 24 hours to file relevant court documents.
Critically, the government-issued form detailing these rights is provided solely in English, though ICE claims detainees have it read aloud in their native languages. The form informs individuals of their right to a phone call but fails to clearly state the possibility of contesting their removal under the Alien Enemies Act. Initially, government officials attempted to seal this document, asserting it contained sensitive law enforcement information, but a federal judge mandated its public release.
The ACLU argues the imposed timeframe starkly contrasts historical precedent. During World War II, the Alien Enemies Act was used against suspected Nazis, who then received 30 days to challenge their removal. Earlier this week, a Colorado federal judge mandated a minimum 21-day notice period, ruling against the Trump administration’s significantly shorter deadlines. The government quickly appealed, asserting that the expedited timelines still provide constitutional due process.
Justice Department attorney Tim Ramnitz contended in court filings that the provided notice grants migrants a reasonable chance to indicate their intent to contest deportation, file a habeas corpus petition, and access telephones. ICE officials also stated detainees are typically held for several days prior to removal, implying they have more opportunity to seek legal recourse than the initial 12-hour window suggests.
The U.S. Supreme Court on Monday allowed former President Donald Trump to move forward with deportations of alleged Venezuelan gang members using a controversial wartime law from 1798, marking a significant legal victory for Trump's aggressive immigration policies, albeit with key limitations. In an unsigned 5-4 decision divided along ideological... Read More »
A federal court struck down the Biden administration’s controversial policy limiting who may be considered for asylum in the United States. The court found that the administration had violated the Administrative Procedure Act by issuing the new rule without proper time for public notice and comment. The so-called asylum ban... Read More »
On June 13, 2022, the Supreme Court issued a pair of opinions significantly undermining the rights of immigrants detained at the border. In one decision, the Court held that immigrants detained at the border are not entitled to a bond hearing after six months--in effect, allowing the government to detain... Read More »
An innocent mistake leads to a missed court date and a hardhearted order to remove a mother and her four-year-old son. In America this year, Independence Day will be written as 07/04/2021. Most of the world, however, would indicate it by writing 04/07/2021. A similar, understandable mix-up was the basis... Read More »
