US District Court for the District of Columbia judge James Boasberg on Friday denied an emergency motion to grant a temporary restraining order (TRO) halting deportations under the Alien Enemies Act (AEA). Boasberg denied the ACLU’s request for an immediate ruling mandating that the government give 30 days’ notice before removing individuals under the AEA, reasoning that such an order would mirror a previous one invalidated by the Supreme Court.

Earlier this month, the Supreme Court ruling permitted the continued deportations under the AEA, subject only to review under the writ of habeas corpus as “their claims fall within the ‘core’ of the writ of habeas corpus and thus must be brought in habeas.”

The lawyers for the detainees anticipating removal were seeking the emergency motion due to a lack of adequate notice that may violate due process, stating that “the government has refused to give any information about these notices and removals to class counsel despite multiple requests.” Their emergency motion declared that the notice for removal that was given was not adequate. The removal notices were only in English and did not say how much time was given to individuals to contest their removal.

When asked about the notice, officers said that the detainees could be placed on a deportation flight within 24 hours. In an attempt to comply with the Supreme Court’s earlier ruling on AEA deportations, the plaintiffs argue that receiving adequate notice is a prerequisite to having their deportation case reviewed under habeas corpus.

A similar motion was filed by the ACLU in a Texas district court, where the migrants are being detained as part of their habeas suits. However, the court declined to grant the TRO or set a hearing date.