Stephen Miller, White House Deputy Chief of Staff for Policy, has indeed stated that the Trump administration is “actively
Trump administration ‘looking at’ suspending habeas corpus, Stephen Miller says
Stephen Miller, White House Deputy Chief of Staff for Policy, has indeed stated that the Trump administration is “actively” considering suspending habeas corpus to escalate its crackdown on illegal immigration. This move would allow the administration to detain and deport individuals without granting them the right to challenge their detention in court.
Context and Background:
– The proposal is part of the Trump administration’s efforts to enforce stricter immigration policies, including classifying certain gangs and cartels as foreign terrorist organizations and invoking the Alien Enemies Act of 1798 to accelerate deportations.
– The Supreme Court has temporarily paused the administration’s efforts to use the Alien Enemies Act to deport members of the Venezuelan prison gang Tren de Aragua (TdA), citing the need for detainees to have a chance to challenge their deportations.
Constitutional Implications
– The Constitution allows for the suspension of habeas corpus in cases of rebellion or invasion, when public safety may require it.
– Historical precedent for suspending habeas corpus includes Abraham Lincoln’s decision during the Civil War to secure key transportation and supply routes in Maryland.¹
