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4mo ago

Trump Administration Explores Habeas Corpus Suspension Over Immigration

Officials argue illegal immigration constitutes an 'invasion,' but legal and constitutional experts challenge the move's validity and authority.

White House Deputy Chief of Staff Stephen Miller speaks with the media outside the White House on May 9, 2025. (Photo by SAUL LOEB/AFP via Getty Images)
A U.S. Border Patrol vehicle conducts surveillance near a section of the U.S.-Mexico border wall, as seen from Ciudad Juarez, Mexico May 5, 2025. REUTERS/Jose Luis Gonzalez/File Photo
U.S. Secretary of Homeland Security Kristi Noem testifies before a House Homeland Security hearing on the Department of Homeland Security (DHS) budget, on Capitol Hill in Washington, D.C., U.S., May 14, 2025. REUTERS/Anna Rose Layden
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Overview

  • Stephen Miller and DHS Secretary Kristi Noem publicly confirmed the administration is considering suspending habeas corpus to expedite deportations, citing the Constitution's 'invasion' clause.
  • The Suspension Clause in Article I of the Constitution limits this power to Congress and only in cases of rebellion or invasion, a standard historically tied to wartime emergencies.
  • Legal scholars, including John Yoo, widely agree that immigration does not meet the constitutional criteria for suspension, with courts likely to reject such a move during peacetime.
  • Amy Coney Barrett's legal writings emphasize Congress's exclusive authority over habeas corpus suspension and caution against broad executive powers in this area.
  • Bipartisan skepticism in Congress and muted support from Republicans highlight the political and legal hurdles facing the administration's potential action.