Overview

• White House Deputy Chief of Staff Stephen Miller announced on May 9 that the administration is 'actively looking at' suspending habeas corpus to expedite deportations.
• Miller linked the potential suspension to the Constitution's Suspension Clause, which allows for such measures in cases of rebellion or invasion, framing undocumented immigration as an 'invasion.'
• Legal experts and federal judges have pushed back, emphasizing that only Congress can authorize the suspension of habeas corpus and disputing the administration's 'invasion' justification.
• The administration has already faced legal challenges over its use of the 1798 Alien Enemies Act to deport Venezuelan nationals, with courts blocking many actions as unlawful.
• If enacted, the suspension would mark a significant escalation in the administration's immigration policies, further limiting due process rights for detained migrants.