White House Deputy Chief of Staff Stephen Miller revealed that the Trump administration is “actively considering” suspending habeas corpus — the constitutional right to challenge detention in court — as part of its effort to broaden federal authority to deport migrants.
President Trump has been personally involved in internal discussions about the potential suspension of habeas corpus, reports NBC.
“There are ways to mitigate it and there’s some very strong ways,” Trump said.
These talks come after recent rulings by the Supreme Court and multiple federal judges reaffirming that even migrants have the right to appear before a judge.
Trump and Miller have sharply criticized these judicial decisions, viewing them as obstacles to the President’s immigration enforcement agenda.
Legal experts and Democratic lawmakers sounded alarms as the Trump administration openly discussed bypassing this fundamental right without seeking Congressional approval.
Understanding Habeas Corpus
Habeas corpus is a key constitutional safeguard that limits executive power, allowing detainees to challenge unlawful imprisonment and request release through the courts.
In the past few months, immigrants and rights groups have used this rule to push back against President Trump’s efforts to speed up deportations.
However, such legal challenges face steep odds as habeas corpus cases are difficult to win, and many immigrants struggle to obtain legal representation.
‘Invasion’ Rhetoric And Justification
Miller framed the current immigration situation as an “invasion,” a term with legal implications, reports Associated Press.
“The Constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller told reporters outside the White House. “So, I would say that’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not.”
In March, Trump echoed this sentiment, specifically citing Venezuelan gang members and invoking the 1798 Alien Enemies Act, a wartime law aimed at expediting deportations.
The administration used the authority to deport alleged members of Tren de Aragua to a prison in El Salvador, prompting a wave of legal challenges.
Courts in New York, Colorado, Texas, and Pennsylvania have since blocked the use of the Alien Enemies Act, questioning whether the U.S. is truly facing an invasion.
Legal Hurdles
Despite the recent setbacks, Miller argued that the executive branch could act without court involvement, citing the Immigration and Nationality Act. Originally passed in 1952 and amended in 1996 and 2005, the act limits judicial oversight of some immigration cases and funnels them to executive-run immigration courts.
Still, most legal appeals would ultimately reach the judicial branch, which has historically resisted efforts to sidestep due process.
Rare Historical Precedent
Suspending habeas corpus has occurred only four times in U.S. history — during the Civil War under President Abraham Lincoln, during Reconstruction in South Carolina, amid a 1905 Philippine insurrection, and in Hawaii following Pearl Harbor.
