Overview

• White House Deputy Chief of Staff Stephen Miller confirmed the administration is 'actively looking' at suspending habeas corpus to accelerate deportations.
• The U.S. Constitution allows suspension of habeas corpus only in cases of rebellion or invasion, with the authority resting solely in Congress, not the president.
• Legal scholars and constitutional experts, including Steve Vladeck, have criticized the proposal as both unconstitutional and a dangerous expansion of executive power.
• Republican Senator John Barrasso stated he does not expect Congress to address the issue, while Democratic Senator Amy Klobuchar dismissed the proposal as a distraction from substantive policy failures.
• Habeas corpus, a foundational legal right, has been suspended only four times in U.S. history, each requiring explicit congressional approval and tied to extraordinary circumstances like war or insurrection.