Detained migrants given as few as 12 hours to contest deportation under Alien Enemies Act, ICE document says

Migrants are being given as few as 12 hours to contest their deportation after being formally notified, according to document from ICE unsealed Thursday.

U.S. Immigration and Customs Enforcement agents, along with other federal law enforcement agencies, attend a pre-enforcement meeting in Chicago on Jan. 26. (Christopher Dilts/Bloomberg via Getty Images)

Typically, those set to be deported would be allowed to file a habeas petition under the Alien Enemies Act 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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President Donald Trump (AP Photo/Jose Luis Magana)

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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."

Andrea Margolis is a writer for Fox News Digital and Fox Business. Readers can follow her on X at @andreamargs or send story tips to andrea.margolis@fox.com.

https://www.foxnews.com/politics/detained-migrants-given-12-hours-contest-deportation-under-alien-enemies-act-ice-document