Washington, D.C. — The Trump administration is reportedly contemplating the suspension of habeas corpus, a constitutional right that allows individuals to challenge their detention in court. Stephen Miller, the deputy chief of staff at the White House, indicated in a press briefing that the Constitution permits such a suspension during times of “rebellion or invasion.” This statement comes amid ongoing legal scrutiny of the administration’s immigration practices, particularly concerning the detention of individuals deemed to threaten national security.
Miller’s remarks followed several legal challenges against the administration’s approach to immigration enforcement and the detention of dissenting individuals, including foreign students. He stated that the future of these legal challenges hinges on the decisions made by the courts. “A lot of it depends on whether the courts do the right thing or not,” he emphasized.
Recent judicial rulings have varied, with some judges ordering the release of detained students while others have sided with the administration. Notably, a federal judge recently ordered the release of a Turkish national who had been held for six weeks after expressing criticism of Israel. Similarly, another judge intervened to secure the release of a Columbia University student advocating for Palestinian rights.
Miller described habeas corpus as a “privilege” that Congress has the authority to revoke, asserting that legislation has already restricted judicial intervention in immigration matters. These claims have drawn criticism from legal experts, who argue that the power to suspend habeas corpus lies exclusively with Congress, not the executive branch. Marc Elias, a Democratic attorney, stated, “The authority to suspend habeas corpus rests with Congress — not with Stephen Miller or the president.”
One of President Trump’s campaign promises was to escalate efforts to deport millions of undocumented immigrants. Since taking office, his administration has sought various methods to expedite deportations, although challenges have emerged. In March, a federal judge intervened to halt the administration from citing a historical wartime statute as grounds for deporting over 200 Venezuelans, despite efforts to proceed with the flights.
Reporters have covered discussions suggesting that Trump himself is closely involved in deliberations regarding the suspension of habeas corpus. While he has not publicly advocated for such a measure, he expressed intentions to counter judicial rulings that impede deportation initiatives. “There are ways to mitigate it, and there are very strong ways,” he remarked in April. “There’s one method that has been employed by three respected presidents in the past, but we hope we won’t have to take that route.”
Habeas corpus, which translates to “you should have the body,” is a fundamental legal principle that ensures individuals can contest their detention before a judge. Throughout U.S. history, this right has been suspended on four notable occasions: during the Civil War, in response to the Pearl Harbor attacks, during U.S. rule over the Philippines, and amid efforts to counter the Ku Klux Klan in the 19th century. Importantly, the constitutional provision regarding habeas corpus grants Congress, not the president, the authority to suspend it.
As debates around immigration policy and civil liberties continue, the implications of this potential suspension raise significant questions about the balance of power and individual rights in the United States.