In a recent decision, U.S. District Court Judge James Boasberg rejected an emergency motion to temporarily halt deportations under the Alien Enemies Act (AEA), an 18th-century statute. The motion, filed by the ACLU, sought to mandate that the government provide a 30-day notice before deporting individuals under the AEA. This request was denied on the grounds that such an order would replicate a previous decision that had been overturned by the Supreme Court.
Earlier this month, the Supreme Court ruled that deportations under the AEA could continue, subject to review only under habeas corpus. The ruling emphasized that claims should be made within the “core” of the habeas corpus writ. The plaintiffs pursuing the emergency motion argued that the lack of adequate notice for deportations violated due process, as removal notices were issued in English and failed to specify the timeframe for contesting the deportation.
Lawyers representing the detainees expressed concern over the government’s refusal to provide information about deportation notices and related procedures. According to the detainees, deportation could occur within 24 hours of receiving notice, a timeline that they claim limits their ability to seek judicial review through habeas corpus.
The ACLU filed a similar motion in a Texas district court, where the migrants are currently detained as part of their habeas cases. However, this court did not grant the temporary restraining order nor did it set a hearing date. This ongoing legal battle, covered in detail by JURIST, highlights ongoing tensions over historical deportation laws and the due process rights of detainees.