On April 7, the U.S. Supreme Court unanimously held that if the Trump administration seeks to deport someone under President Donald Trump's invocation of the Alien Enemies Act (AEA), then that deportee must first be afforded due process, including "notice and an opportunity to challenge their removal." Furthermore, according to the Court's order, "the notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."
What the Supreme Court's order did not do, however, was to spell out exactly what counted as either a "reasonable time" or a proper "manner" when affording such notice. Presumably, the Supreme Court left that for the lower courts to hash out, fully expecting that whatever the lower courts decided would be back before the High Court for additional review soon enough.
Earlier this week, Judge Charlotte Sweeney of the U.S. District Court for the District of Colorado kicked that process into high gear. In a case known as D.B.U. v. Trump, Sweeney held that the Trump administration "shall provide a twenty-one (21) day notice to individuals detained pursuant to the [Alien Enemies] Act and [presidential] Proclamation." Sweeney's order further required that such notice "must state the government intends to remove individuals pursuant to the act," and must "also provide notice of a right to seek judicial review, and inform individuals they may consult an attorney regarding their detainment and the government's intent to remove them." And, the judge ordered, "such notice must be written in a language the individual understands."
