In my recent post about the Supreme Court's ruling in Trump v. JGG, the Alien Enemies Act case, I noted that the impact of the decision will in large part be determined by whether non-citizens slated for deportation under the AEA will be allowed to bring habeas class actions to challenge them. If class actions are permitted, then individual detained immigrants won't have to bring separate habeas cases to challenge their deportation (which many may not have the resources or the knowledge to be able to do effectively). Rather, public interest groups and others can bring systematic challenges on behalf of large groups.
Yesterday, the American Civil Liberties Union filed a habeas class action lawsuit on behalf of migrants slated for AEA deportation, currently detained in New York. They seek to certify a class that includes "All noncitizens in immigration custody who were, are, or will be subject to the March 2025 Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation." This includes virtually everyone who might be deported by the administration under its Alien Enemies Act Proclamation.
