Overview
- White House Deputy Chief of Staff Stephen Miller announced the administration is 'actively looking at' suspending habeas corpus to bypass judicial barriers to mass deportations.
- The administration argues the Constitution permits suspension of habeas corpus during 'rebellion or invasion,' framing illegal immigration as an 'invasion.'
- Legal experts note that habeas corpus, a cornerstone of due process, has only been suspended four times in U.S. history and generally requires congressional authorization.
- Federal courts have repeatedly blocked the administration's use of the Alien Enemies Act for deportations, prompting escalating tensions between the executive and judiciary.
- If pursued, the suspension would face immediate legal challenges, deepening the constitutional clash over separation of powers and due process rights.