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| It depends on whether the courts make the right decision. |
Stephenson Miller, White House deputy chief of staff, said on Friday that the Trump administration is "actively looking at" suspending habeas corpus—the constitutional right allowing individuals to challenge their detention in court. He argued that the Constitution permits such a suspension in times of "rebellion or invasion."
The comments come amid legal challenges to the administration’s immigration policies, including the detention of undocumented migrants and foreign students critical of U.S. allies. Judges have recently ruled in favor of detainees in some cases, such as a Turkish student held for six weeks after criticizing Israel, and a Columbia University student detained for pro-Palestinian advocacy. However, other courts have sided with the administration.
Miller referred to habeas corpus as a "privilege" and noted that Congress had passed laws limiting court jurisdiction in immigration cases. Legal experts, however, dispute this interpretation. “Only Congress can suspend habeas corpus—not the president or his advisors,” said Marc Elias, a Democratic attorney.
Reports from CNN suggest that former President Trump was directly involved in discussions about the possible suspension. Although he hasn't publicly confirmed this, Trump has voiced frustration with court rulings that have blocked some of his deportation efforts.
The Trump administration has continued to push for mass deportations since returning to office, though deportation numbers have lagged behind the number of detentions. A recent federal ruling even blocked the administration’s attempt to use a wartime law to deport over 200 Venezuelans.
Habeas corpus—meaning "you should have the body"—has only been suspended four times in U.S. history, most notably during the Civil War. The Constitution grants the power to suspend it exclusively to Congress.
