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Analysis: After Supreme Court Vacated Stay on Alien Enemies Act Flights SDNY Judge Agrees TRO - but what scope?

Analysis: After Supreme Court Vacated Stay on Alien Enemies Act Flights SDNY Judge Agrees TRO - but what scope?

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Matthew Russell Lee / ICP
Apr 09, 2025
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Matthew Russell Lee’s Newsletter
Analysis: After Supreme Court Vacated Stay on Alien Enemies Act Flights SDNY Judge Agrees TRO - but what scope?
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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, April 9 – In the wake of the Supreme Court vacating the stay on removals under the Alien Enemies Act, on April 8 a habeas corpus putative class action was filed in the U.S. District Court for the Southern District of New York.

The suit asks the Court to "enjoin Respondents from transferring Petitioners out of this district during the pendency of this litigation" and to "grant a writ of habeas corpus to Petitioners to enjoin Respondents from removing them pursuant to the [AEA] Proclamation."

The case was wheeled out to Senior Judge Alvin K. Hellerstein, who scheduled oral argument for April 9 at 10 am.

Inner City Press was there and live tweeted. At first Judge Hellerstein said his TRO would be limited to Orange County, where the two named plaintiffs are. At the end, after ICE on Rikers Island was cited, he appeared to extend it to all of SDNY. Thread.

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