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Trump Administration Considers Suspending Habeas Corpus for Immigration Enforcement

Stephen Miller confirms the White House is exploring constitutional emergency powers to expand deportation authority, citing judicial resistance.

White House Deputy Chief of Staff Stephen Miller speaks to reporters outside the White House, Friday, May 9, 2025, in Washington.
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White House Deputy Chief of Staff Stephen Miller

Overview

  • Stephen Miller, a senior White House adviser, announced the administration is actively considering suspension of habeas corpus to support its immigration crackdown.
  • Habeas corpus, a constitutional right allowing individuals to challenge unlawful detention, can only be suspended in cases of rebellion or invasion.
  • Miller emphasized that the decision would depend on how courts respond to ongoing legal challenges to the administration’s immigration policies.
  • The administration’s hard-line approach includes invoking the rarely used Alien Enemies Act and seeking broader authority for deportations.
  • Federal courts, including the Supreme Court, have repeatedly limited the administration’s efforts, granting relief to detained migrants and students.