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Trump Administration Considers Suspending Habeas Corpus in Immigration Crackdown

Stephen Miller confirms White House is exploring suspension of constitutional protections to expedite deportations, citing 'invasion' claims.

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.