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Trump Administration Weighs Suspending Habeas Corpus for Faster Deportations

White House aide Stephen Miller proposes the unprecedented measure, but GOP lawmakers remain hesitant to back a congressional vote.

Stephen Miller, deputy White House chief of staff for policy, at the White House on May 9, 2025.
A person in a suit speaks with text overlay: "A lot of it depends on whether the courts do the right thing or not."
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Overview

  • Stephen Miller, a senior White House aide, has floated suspending habeas corpus to expedite deportations of undocumented migrants.
  • The U.S. Constitution permits suspension of habeas corpus only in cases of rebellion or invasion, raising significant legal challenges to the proposal.
  • Sen. John Barrasso confirmed his support for President Trump's immigration enforcement goals but declined to commit to a congressional vote on the measure.
  • Barrasso expressed confidence that President Trump would follow the law while criticizing federal judges for impeding deportation efforts.
  • Legal experts note that previous attempts to fast-track deportations under the Alien Enemies Act were blocked by federal courts, underscoring the high legal hurdles for this proposal.