DOJ's Timeline for Migrants Contesting Removal

A recent directive from the Department of Justice mandates that migrants, served with a removal notification under the Alien Enemies Act, be granted no less than a 12-hour window to declare their intention to challenge their deportation. Subsequently, they have a minimum of 24 hours to proceed with filing.

Carlos Cisneros, who holds the position of Assistant Field Office Director at U.S. Immigration and Customs Enforcement, provided information in a document that has been made public by a federal court in Texas. This action comes after a temporary halt was placed on the deportation of Venezuelan nationals at a Texas detention facility.

Deportation Guidelines Under the AEA

"A minimum of 12 hours is provided to an alien to either declare or indicate plans to submit a habeas petition," Cisneros detailed. A failure to do so within the given timeframe could lead to the continuance of deportation proceedings by ICE.

Should a migrant express the intent to file a habeas petition, a structured timeline ensures no less than a day to execute such actions, as stated by Cisneros.

Legal Impacts and the Involvement of ACLU

This protocol emerged from legal debates after the Trump administration invoked the Alien Enemies Act to expel alleged Venezuelan gang affiliates, labeling them a 'hybrid criminal threat' to U.S. borders.

ICE officials claimed that among those deported, many lacked prior criminal records within American borders. This absence of records, they argued, does not eliminate the perceived threat of terrorism due to incomplete profiles.

The U.S. Supreme Court recently intervened, pausing deportation efforts under the Alien Enemies Act until further review, following urgency appeals by the American Civil Liberties Union for due process considerations.

Processes and Language Assistance

Cisneros clarified that migrants detained under AEA conditions typically have multiple days available for petition actions. Importantly, those with a pending petition are not subject to removal until resolution, though exceptions can occur, depending on specific case details.

To mitigate language barriers, removal notices are initially in English but subsequently explained in the native languages of the migrants, ensuring comprehension.

Challenges Over Notice Adequacy

Lee Gelernt of the ACLU has criticized the 12-hour notice period as insufficient, arguing that this timeline might have been intentionally minimized by the government to avoid public and judicial scrutiny, including from the Supreme Court.