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Trump Administration Weighs Suspending Habeas Corpus Over Immigration 'Invasion' Claims

White House official Stephen Miller confirms consideration of suspending constitutional protections to expedite migrant deportations, citing border crossings as an 'invasion.'

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Overview

  • Stephen Miller, White House Deputy Chief of Staff, announced that the administration is actively considering suspending habeas corpus to address undocumented immigration at the southern border.
  • Miller argued the Constitution allows suspension of habeas corpus in cases of 'rebellion or invasion,' framing border crossings as the latter to justify the move.
  • Legal experts widely dispute the administration's interpretation, emphasizing that unilateral suspension by the president without congressional approval is constitutionally dubious.
  • The Trump administration has faced multiple court setbacks, including Supreme Court rulings mandating due process for migrants deported under the Alien Enemies Act.
  • If implemented, the suspension would deny detained migrants the right to challenge their detention in court, intensifying an already contentious legal battle over immigration policy.