ACLU Challenges Short Appeal Window for Migrants Under Wartime Act

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.