Woot.
ACLU brings class habeas action in N.Y. challenging Trump’s use of wartime powers for deportations
A hearing in the new Alien Enemies Act litigation is already set for Wednesday morning. https://www.lawdork.com/p/aclu-brings-class-habeas-action-in
The ACLU filed a class petition for a writ of habeas corpus in the Southern District of New York on Tuesday challenging President Donald Trump's Alien Enemies Act proclamation and the implementation of it. The filing was a near-immediate response to Monday's 5-4 U.S. Supreme Court decision holding that challenges to Trump's Alien Enemies Act proclamation must be brought in habeas.
The Southern District of New York, according to the petition, is where the two individual petitioners are located, or at least were at the time when the petition was filed. Although only two individuals are named — with pseudonyms — the ACLU’s intention is for a full class to be protected if the litigation succeeds.
U.S. District Judge Alvin Hellerstein, a Clinton appointee who has overseen many high-profile cases, has already scheduled a hearing on the motion for a temporary restraining order for 9 a.m. Wednesday — and ordered the petitioners not to be deported or moved out of the district in the meantime.
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Take that SCOTUS.