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Trump Administration Faces Backlash Over Proposal to Suspend Habeas Corpus

Legal experts and lawmakers assert the president lacks authority to suspend the constitutional right, as debate intensifies over the administration's immigration policies.

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Republican U.S. Senate candidate Sen. Thom Tillis (R-NC) speaks to the crowd before President Donald Trump holds a campaign rally at the Hickory Regional Airport on November 1, 2020 in Hickory, North Carolina.

Overview

  • White House official Stephen Miller stated the administration is considering suspending habeas corpus to expedite deportations, claiming it is a legal option during 'invasion' scenarios.
  • Legal scholars and federal judges emphasize that only Congress can suspend habeas corpus, and only in cases of rebellion or invasion, which they argue do not apply here.
  • President Trump is reportedly personally involved in discussions about the controversial proposal, which critics warn undermines due process and constitutional separation of powers.
  • Senator John Barrasso indicated he does not expect the issue to come before Congress, while Senator Amy Klobuchar dismissed the idea as a political distraction.
  • Courts have already blocked related deportation measures, including the administration's use of the Alien Enemies Act, citing insufficient evidence of an 'invasion.'