Administration ‘actively looking at’ suspending #HabeasCorpus, #StephenMiller says
Habeas corpus, the right for an individual to challenge their detention in court, can only be suspended by Congress.
By Maegan Vazquez, May 10, 2025 at 10:49 a.m.
"White House Deputy Chief of Staff Stephen Miller indicated Friday that the #Trump administration is actively considering whether it can suspend habeas corpus, the right for an individual to challenge their #detention in court.
"When asked about suspending the writ of habeas corpus as part of its efforts to deport individuals from the United States, Miller claimed, 'The Constitution is clear and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion.'
“So that’s an option we’re actively looking at,” he added.
"The U.S. Constitution states that 'the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of #Rebellion or Invasion the public Safety may require it.' Only Congress can suspend habeas corpus.
"President Donald Trump and his administration have repeatedly claimed that the U.S. is facing an 'invasion' requiring the deportation of undocumented migrants.
However, the administration keeps losing its invasion argument in court — including earlier this week, when a federal judge said the White House has failed to prove the existence of an 'invasion' or another conflict that would justify invoking the #AlienEnemiesAct to deport Venezuelan migrants.
"The administration also recently told the Supreme Court that habeas corpus was the only way to challenge the Alien Enemies Act.
"Several legal efforts challenging Trump’s deportation efforts are based on habeas petitions."
Source:
https://www.washingtonpost.com/politics/2025/05/10/what-is-habeas-corpus-suspension
Archived version:
https://archive.ph/aJRR8
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