U.S. District Judge Stephanie Haines, a Trump appointee to the bench in Pennsylvania, ruled that the government could not provide detainees with only seven days to challenge their removal or seek asylum after receiving a deportation order.
“Assume that detainee John Doe … receives notice on June 1, 2026 at 12:00 P.M., that he is subject to removal under the [Alien Enemies Act] and the Proclamation. His only recourse is to file with the Judiciary in habeas,” she wrote.
“He has no opportunity to take his partially drafted petition with him or call his attorney (or find an attorney) before he is transferred,” she wrote.
“Might there not be a significant risk that this individual will not reach the judiciary before his seven days have run their course, meaning that he would be removed without any hearing whatsoever? Might not his movements from one facility to another, his quest to draft a petition, and/or his search for word from an attorney take even longer than the timeframes that the Court has just described?” Haines wrote.
In May, Haines upheld Trump’s invocation of the Alien Enemies Act and his declaration that the Venezuelan gang Tren de Aragua was mounting an “incursion” into the United States. In her ruling, though, she rejected the administration’s goal to curb due process for those targeted by the AEA. With the Department of Homeland Security pushed to provide detainees with only 12 to 24 hours, she called for the administration to abide by a three-weeks notice.
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