Well, as heretics, they WOULD incur the spiritual penalties for excommunication, per canon law. This happens previous to them getting removed from office, which takes a legal process to do. However, if you aren't quite sure who is or isn't a modernist (for they went into hiding under St Pius X), then you can't prove they should be removed...and the modernists know this. They are as slippery as the luciferian snake they worship!