Overview

• The Trump Administration, led by Stephen Miller, is considering suspending habeas corpus to expedite deportations, sparking significant backlash.
• Under the U.S. Constitution, only Congress can suspend habeas corpus, and only in cases of rebellion or invasion, conditions critics say are absent.
• Legal scholars, including Justice Amy Coney Barrett in prior writings, argue Congress must determine the necessity of suspension before delegating any authority to the President.
• Historically, habeas corpus has been suspended only four times, each under specific congressional acts during emergencies like the Civil War and WWII.
• The proposal has been condemned as an unconstitutional overreach that threatens fundamental rights, with bipartisan calls to reject the idea.