I have previously written about how multiple lower courts have certified habeas classes in Alien Enemies Act deportation cases, and doing so may be the only way to ensure meaningful due process for detained migrants threatened with deportation. But I am not a class action expert, and am therefore limited in what I can say about the case for class action certification in habeas cases.
Legal scholars Lee Kovarsky and D. Theodore Rave (both at the University of Texas) are leading experts on habeas and class action issues, and their recent Lawfare article on "Class Actions and the Alien Enemies Act" is a must-read for anyone interested in these issues. Here is an excerpt:
