Detained migrants given as few as 12 hours to contest deportation under Alien Enemies Act, ICE document says
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By Andrea Margolis, Bill Mears, Shannon Bream
Published April 24, 2025
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."
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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." Print Close
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Yahoo
29 minutes ago
- Yahoo
Trump aides want Texas to redraw its congressional maps to boost the GOP. What would that mean?
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The Hill
32 minutes ago
- The Hill
ICE raids accelerate, protests spread
Evening Report is The Hill's P.M. newsletter. Sign up here or subscribe in the box below: Thank you for signing up! Subscribe to more newsletters here THE WHITE HOUSE vowed Wednesday that Immigration and Customs Enforcement (ICE) raids would continue 'unabated,' as protests spread from Los Angeles into other major American cities. Demonstrations have sprung up in Washington, D.C., Philadelphia, Chicago, Austin, Denver, San Francisco and other major cities. California Gov. Gavin Newsom (D) sought to rally the nation to his side, as U.S. Marines prepared to join National Guard troops dispatched to keep the peace in Los Angeles. 'This isn't just about protests here in Los Angeles,' Newsom said in a direct-to-camera address. 'This is about all of us. This is about you. California may be first, but it clearly will not end here. Other states are next. Democracy is next. Democracy is under assault before our eyes.' 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Yahoo
33 minutes ago
- Yahoo
Musk regrets some of his Trump criticisms, says they 'went too far'
Musk regrets some of his Trump criticisms, says they 'went too far' Elon Musk, the world's richest person and Donald Trump's former advisor, says he regretted some of his recent criticisms of the US president (Kevin Dietsch) (Kevin Dietsch/GETTY IMAGESvia AFP) Elon Musk, the world's richest person and Donald Trump's former advisor, said Wednesday he regretted some of his recent criticisms of the US president, after the pair's public falling-out last week. "I regret some of my posts about President @realDonaldTrump last week. They went too far," Musk wrote on his social media platform X, in a message that was received favorably by the White House. Musk's expression of regret came just days after Trump threatened the tech billionaire with "serious consequences" if he sought to punish Republicans who vote for a controversial spending bill. Their blistering break-up -- largely carried out on social media before a riveted public since Thursday last week -- was ignited by Musk's harsh criticism of Trump's so-called "big, beautiful" spending bill, which is currently before Congress. ADVERTISEMENT Some lawmakers who were against the bill had called on Musk -- one of the Republican Party's biggest financial backers in last year's presidential election -- to fund primary challenges against Republicans who voted for the legislation. "He'll have to pay very serious consequences if he does that," Trump, who also branded Musk "disrespectful," told NBC News on Saturday, without specifying what those consequences would be. Trump also said he had "no" desire to repair his relationship with the South African-born Tesla and SpaceX chief, and that he has "no intention of speaking to him." But after Musk's expression of regret, White House Press Secretary Karoline Leavitt told reporters that Trump was "appreciative," adding that "no efforts" had been made on a threat by Trump to end some of Musk's government contracts. "The president acknowledged the statement that Elon put out this morning, and he is appreciative of it," Leavitt said. ADVERTISEMENT According to the New York Times, Musk's message followed a phone call to Trump late on Monday night. Vice President JD Vance and Chief of Staff Susan Wiles had also been working with Musk on how to broker a truce with Trump, the report said. - 'Wish him well' - In his post on Wednesday, Musk did not specify which of his criticisms of Trump had gone "too far." The former allies had seemed to have cut ties amicably about two weeks ago, with Trump giving Musk a glowing send-off as he left his cost-cutting role at the so-called Department of Government Efficiency (DOGE). But their relationship cracked within days, with Musk describing the spending bill as an "abomination" that, if passed by Congress, could define Trump's second term in office. Trump hit back at Musk's comments in an Oval Office diatribe and from there the row detonated, leaving Washington stunned. ADVERTISEMENT Trump later said on his Truth Social platform that cutting billions of dollars in subsidies and contracts to Musk's companies would be the "easiest way" to save the US government money. US media have put the value of the contracts at $18 billion. With real political and economic risks to their falling out, both already appeared to inch back from the brink on Friday, with Trump telling reporters "I just wish him well," and Musk responding on X: "Likewise." Trump had spoken to NBC on Saturday after Musk deleted one of the explosive allegations he had made during their fallout, linking the president with disgraced financier Jeffrey Epstein, who was accused of sex trafficking. bur-arp/aha
