Migrants Face Only 12 Hours to Halt Deportation Under New ICE Directive

• New ICE Directive
• Migrants Have Limited Time to Halt Deportation
• Alien Enemies Act Applied

The administration of former President Donald Trump has implemented a protocol granting migrants just 12 hours to contest their deportation after receiving official notice, according to a recently declassified document.

The report comes from an Immigration and Customs Enforcement (ICE) official.

It was submitted in a federal court in Texas as part of an ongoing legal case brought by attorneys defending detained migrants.

The policy falls under the old Alien Enemies Act of 1798.

Deportation Under the Alien Enemies Act

This has triggered alarm among civil rights and immigration groups, who consider the procedure unfair and oppressive.

«While there may be exceptional cases based on the facts, in a general case, after an alien is served with Form AEA 21-B, they are afforded a reasonable period, no less than 12 hours,» the official document states.

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«This includes the opportunity to make a telephone call to indicate or express their intention to file a habeas corpus petition,» it reads.

This means that, under normal circumstances, a detained migrant would have half a day to decide whether to attempt to halt deportation through a legal appeal.

Many view this timeframe as insufficient to contact an attorney or to prepare an adequate defense.

If the migrant fails to express such an intention within the 12-hour window, ICE is authorized to initiate deportation proceedings, although actual removal may not happen immediately.

«If the alien does not express such an intention, ICE may proceed with deportation,» the document continues.

«Although this may not be completed until many hours or days later, which would give the alien additional time to express their intention,» it notes.

The new ICE directive also specifies that if a migrant formally expresses an intent to file a habeas corpus petition, they will be granted a new minimum period of 24 hours to file it.

«If the alien expresses their intention to file a habeas corpus petition, they are granted a reasonable period, not less than 24 hours, to submit it,» the document clarifies.

However, if the migrant fails to submit the petition within that second timeframe, ICE may proceed with deportation under the same conditions.

The revelation surfaced just days after the Supreme Court suspended deportations of Venezuelan criminals ordered by former President Trump under the same federal law.

Additionally, the high court’s decision was issued in the early hours of Saturday, stirring strong reactions within the judiciary.

Justice Samuel Alito voiced his disagreement with the Court’s urgent and, in his view, procedurally insufficient decision.

«I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing a midnight order was necessary or appropriate,» Alito wrote in his dissenting opinion.

The use of the Alien Enemies Act in modern immigration contexts has faced harsh criticism from activists, who argue that its original intent was for wartime, not current immigration proceedings.

Moreover, critics argue that drastically shortening legal timeframes could violate the constitutional rights of detained migrants.

Especially those who do not speak English fluently or lack immediate access to legal representation.

Both the Executive and Judicial branches have been urged to respect the law in accordance with established procedures, as the court reminded in its ruling.

«The Executive Branch must proceed in accordance with our order in Trump v. JGG, 604 U.S. ___ (2025) (per curiam), and this Court must follow established procedures,» the Court stated.

Defense attorneys and human rights organizations affirm that they will continue fighting against what they deem an accelerated deportation policy that leaves migrants defenseless.

Meanwhile, detained migrants in Texas and other states remain under a legal framework that forces them to make critical decisions within hours, often without access to basic resources or adequate legal counsel, according to Fox News.