Detained migrants given as few as 12 hours to contest deportation under Alien Enemies Act, ICE document says
Print Close
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."
ACLU APPEALS TO SUPREME COURT TO STOP VENEZUELAN DEPORTATIONS; BOASBERG HOLDS EMERGENCY HEARING FRIDAY NIGHT
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."
DEMOCRAT SENATOR VAN HOLLEN MEETS, SHAKES HANDS WITH ABREGO GARCIA
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.
CLICK HERE TO GET THE FOX NEWS APP
"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
URL
https://www.foxnews.com/politics/detained-migrants-given-12-hours-contest-deportation-under-alien-enemies-act-ice-document
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
27 minutes ago
- Yahoo
L.A. immigration protests latest: California sues Trump admin. over National Guard deployment, president says he would support arresting Newsom
California is suing the Trump administration over its National Guard deployment in Los Angeles without the consent of the state's governor amid immigration protests that escalated over the weekend, leading to dozens of arrests. The Los Angeles Police Department has since declared all of downtown L.A. an unlawful assembly area. The lawsuit was filed Monday by California Attorney General Rob Bonta and accuses President Trump and Defense Secretary Pete Hegseth of "unlawfully" federalizing the state's National Guard, and infringing on California Gov. Gavin Newsom's authority as commander-in-chief of the state's military reserve force. "Every governor, red or blue, should reject this outrageous overreach," Bonta said. "It is an unmistakable step toward authoritarianism. We will not let this stand.' Bonta also alleged in a televised statement Monday that protests escalated after National Guard troops arrived on Sunday. 'We'll never know what might have been had the president left our state and local authorities to continue the important work they were already doing and were more than capable of doing,' Bonta said. Before the lawsuit was announced, Trump on Monday said he would support his border czar arresting Newsom over possible obstructions to Immigration and Customs Enforcement (ICE) actions in the state amid protests. At least 44 people were arrested by federal ICE agents during a raid at several locations around Los Angeles on Friday, including Ambiance Apparel in the garment district and a Home Depot in the Westlake District. These areas are known to have significant migrant populations and labor-focused industries. Protests then erupted in Los Angeles in response to Trump's immigration crackdown that has seen federal agents arrest a student on his way to volleyball practice and erroneously deport a man to El Salvador. Sunday marked the third straight day of protests over the wave of immigration raids. Crowds gathered in downtown Los Angeles and Boyle Heights. Protesters marched from Boyle Heights to the Metropolitan Detention Center, a federal building in downtown L.A. This led to the LAPD declaring the area an unlawful assembly. Protesters moved from outside the federal building and walked onto the 101 Freeway around 3:30 p.m. local time. Police fired tear gas and other projectiles into the crowd and cleared the area by 5 p.m. Meanwhile, another protest started on Sunday outside of Los Angeles City Hall Protesters outside the city's prison in the Alameda neighborhood of L.A. were arrested, according to the LAPD. Around 300 National Guard troops arrived in Los Angeles County on Sunday after Trump deployed them to protect federal property and personnel, without the consent of Newsom, a Democrat with whom he often spars. As governor, Newsom would normally retain control and command over the California National Guard. The White House said the deployment was necessary to 'address the lawlessness' in the state, and initially stated that 2,000 troops were being deployed. About 500 Marines are also prepared to deploy to the area, the Northern Command said. It's the first time in nearly 60 years that a president has called in the National Guard without a state's request or consent. The last time was when President Lyndon Johnson sent the Guard to protect a 1965 civil rights march in Alabama. Newsom said California is suing the Trump administration over the federal mobilization of the National Guard. Newsom told MSNBC that Trump's federal mobilization of the National Guard was 'an illegal act, an immoral act, an unconstitutional act.' The governor also alleged that Trump is the one to blame for the escalation in California, saying, 'He's exacerbated the conditions. He's lit the proverbial match. He's putting fuel on this fire.' Tom Homan, Trump's border czar, told NBC News that anyone who obstructs immigration enforcement would be arrested. When asked if that would include Newsom or Los Angeles Mayor Karen Bass, he replied, 'I'll say it about anybody. … You cross that line, it's a felony to knowingly harbor and conceal an illegal alien. It's a felony to impede law enforcement doing their job.' Newsom responded to Homan's NBC interview on Sunday by saying: 'He knows where to find me.' Homan later clarified those remarks in an interview with Fox News. 'The reporter asked me, well, could Governor Newsom or Mayor Bass be arrested? I said, 'Well no one's above the law — if they cross the line and commit a crime, absolutely they can.'' He added: 'There was no discussion about arresting Newsom.' Meanwhile, Trump said he would support the arrest of Newsom. "I would do it if I were Tom. I think it's great. Gavin likes the publicity but I think it would be a great thing," Trump said Monday. In response, Newsom said: "This is a day I hoped I would never see in America." "I don't care if you're a Democrat or a Republican this is a line we cannot cross as a nation — this is an unmistakable step toward authoritarianism," he wrote on X. The peaceful protests escalated into vandalism, autonomous cars set ablaze, fireworks and other objects thrown at law enforcement, police firing rubber bullets (including at an Australian journalist), and dozens of arrests by the LAPD. 'In recent days, many protests across the city have been peaceful and we thank the community for expressing their views and their frustration in a responsible manner,' LAPD Chief Jim McDonnell said in a Sunday news conference. 'However, when peaceful demonstrations devolve into acts of vandalism or violence, especially violence directed at innocent people, law enforcement officers and others, we must respond firmly.' McDonnell said that a total of 39 people had been arrested — 29 on Saturday and 10 on Sunday. He also said the LAPD was not given advance notice that federal operations would occur in the area. On Sunday, several Waymo driverless vehicles were vandalized and set on fire in downtown Los Angeles. A Waymo spokesperson told USA Today Monday morning that its autonomous vehicles have been removed from the area and the company has temporarily suspended its ride-hailing service 'out of an abundance of caution.' Los Angeles Mayor Karen Bass told CNN on Monday that the situation has since calmed in the city. 'If you dial back time and go to Friday, if immigration raids had not happened here, we would not have had the disorder that went on last night,' Bass said. 'We do not know where and when the next raids will be. That is the concern because people in this city have a rapid response network.' 'If they see ICE, they go out and they protest, and so it's just a recipe for pandemonium that is completely unnecessary,' she added.
Yahoo
27 minutes ago
- Yahoo
IAEA chief relays Iran warning against Israeli strikes on nuclear facilities
CAIRO (Reuters) -International Atomic Energy Agency (IAEA) chief Rafael Grossi said Iranians warned him that an Israel strike on the country's nuclear facilities could cause Iran to be more determined about developing a nuclear weapon, according to an interview broadcast and published on Monday. 'A strike could potentially have an amalgamating effect, solidifying Iran's determination – I will say it plainly – to pursue a nuclear weapon or withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons,' Grossi said in the interview, published on the Jerusalem Post website and broadcast on i24 TV on Monday. Grossi, however, doubted that Israel would strike Tehran's nuclear facilities, the Jerusalem Post reported. The Iranian nuclear program "runs wide and deep," Grossi told the Jerusalem Post. "Disrupting them would require overwhelming and devastating force." Tehran and Washington have recently engaged in Oman-mediated nuclear talks. Iran is set to hand a counter-proposal for a nuclear deal to the United States via Oman, Iranian foreign ministry spokesperson Esmaeil Baghaei said on Monday, in response to a U.S. offer that Tehran deems "unacceptable". Last week, U.S. President Donald Trump said he had warned Israeli Prime Minister Benjamin Netanyahu not to take actions that could disrupt nuclear talks with Iran. "I told him this would be inappropriate to do right now because we're very close to a solution now," Trump told reporters in the Oval Office. "That could change at any moment." Trump and Netanyahu are expected to speak over the phone on Monday.
The Hill
30 minutes ago
- The Hill
NIH scientists condemn Trump research cuts
Hundreds of staffers from across the National Institutes of Health (NIH) are speaking out against the politicization of their research and termination of their work while demanding that the drastic changes made at the agency be walked back. In a letter addressed to NIH Director Jay Bhattacharya, more than 2,000 signatories stated, 'we dissent to Administration policies that undermine the NIH mission, waste public resources, and harm the health of Americans and people across the globe.' The letter was titled 'The Bethesda Declaration' in reference to where NIH's campus is located. The signatories cited Bhattacharya's stated commitment to academic freedom that he made in April and called on him to push back against the changes Trump administration has implemented at NIH under his leadership. 'Academic freedom should not be applied selectively based on political ideology. To achieve political aims, NIH has targeted multiple universities with indiscriminate grant terminations, payment freezes for ongoing research, and blanket holds on awards regardless of the quality, progress, or impact of the science,' they wrote. They pointed to U.S. law and prior research that has shown that the participation of diverse populations in studies is necessary for NIH's work. The NIH staffers further blasted the canceling of nearly completed studies. 'Ending a $5 million research study when it is 80% complete does not save $1 million, it wastes $4 million,' they wrote. The researchers called on Bhattacharya to restore foreign collaborations with the global scientific community, put independent peer reviews back in place, bring back terminated NIH staffers and rethink the 15 percent cap on indirect study costs that the Trump administration enacted. 'Combined, these actions have resulted in an unprecedented reduction in NIH spending that does not reflect efficiency but rather a dramatic reduction in life-saving research,' they stated. 'Some may use the false impression that NIH funding is not needed to justify the draconian cuts proposed in the President's Budget. This spending slowdown reflects a failure of your legal duty to use congressionally-appropriated funds for critical NIH research.' NIH research is not solely centered in Bethesda. The agency is responsible for funding research projects across the country and abroad. Numerous lawsuits have been filed to combat the pulling back of billions of dollars in NIH funding. Last week, a federal judge allowed a suit filed by university researchers and public health groups challenging the cuts to move forward. Bhattacharya responded to the letter on the social media platform X. 'We all want @NIH to succeed and I believe that dissent in science is productive. However, the Bethesda Declaration has some fundamental misconceptions about the policy directions NIH has taken in recent months,' he wrote. Bhattacharya said the actions taken at NIH have been to 'remove ideological influence from science' and further argued the agency hasn't halted international scientific collaboration but is instead 'ensuring accountability.' 'Claims that NIH is undermining peer review are misunderstood. We're expanding access to publishing while strengthening transparency, rigor, and reproducibility in NIH-funded research,' he wrote. 'Lastly, we are reviewing each termination case carefully and some individuals have already been reinstated. As NIH priorities evolve, so must our staffing to stay mission-focused and responsibly manage taxpayer dollars.'
