ICE Document Reveals Migrants May Get Just 12 Hours to Challenge Deportation

Migrants detained in the U.S. may be given as little as 12 hours to contest their deportation, according to a newly unsealed federal document. The document, released Thursday in a Texas federal court, shines a harsh light on a process that many would consider rushed—blink and you might miss your shot to stay.

The revelation came amid a legal battle over how quickly detained migrants can be removed under the centuries-old Alien Enemies Act. According to the filing, after a migrant receives Form AEA 21-B, they're generally allowed a "reasonable amount of time," but that can mean as little as 12 hours—including time to make a phone call—to say they intend to file a habeas petition to stop their deportation. If no intention is voiced, ICE can move forward with removal, though the document notes actual deportation might still take hours or days, offering a bit more time in practice.

The process has drawn criticism from legal advocates, who argue that such short notice makes it nearly impossible for migrants to exercise their rights. Normally, those facing removal under the Alien Enemies Act would have up to 24 hours to file their habeas petition, and the document confirms that if a migrant declares intent to file, they must be given at least that long to actually do it. Still, if the petition isn't filed within 24 hours, ICE is cleared to proceed.

This all comes on the heels of a Supreme Court decision to temporarily block President Trump's efforts to deport Venezuelan nationals using the Alien Enemies Act. The ruling, handed down early Saturday, was met with dissent from Justices Samuel Alito and Clarence Thomas. Alito called the midnight order unnecessary, suggesting the Court could've skipped the late-night drama.

With both the Executive Branch and the Supreme Court weighing in, it's clear that the fate of detained migrants is being decided on a tightrope—and a ticking clock. If you thought your last-minute scramble to file taxes was stressful, try facing deportation with just half a day to phone a friend.