White House Considers Suspending Habeas Corpus in Immigration Crackdown

Stephen Miller, White House deputy chief of staff, stated the administration is 'actively looking at' suspending habeas corpus to accelerate the deportation of undocumented migrants. The constitutional Suspension Clause permits habeas corpus suspension only in cases of rebellion or invasion, sparking legal debates over whether undocumented migration qualifies as an 'invasion.' Legal experts argue that only Congress can authorize such a suspension, and any unilateral executive action would likely face immediate judicial challenges. The Trump administration has previously invoked the 1798 Alien Enemies Act to fast-track deportations, but federal courts have repeatedly blocked these efforts on due process grounds. Suspending habeas corpus would mark a significant escalation in immigration policy, potentially allowing the government to detain individuals without judicial review or recourse.