Overview

• Stephen Miller announced that the administration is actively considering suspending habeas corpus, citing undocumented immigration as an 'invasion' under the Constitution's Suspension Clause.
• The writ of habeas corpus, which allows individuals to challenge unlawful detention, has only been suspended four times in U.S. history, most recently during World War II in Hawaii.
• Legal experts argue that suspending habeas corpus without congressional approval is unconstitutional, and courts have historically extended due process rights to noncitizens.
• The administration has faced legal setbacks over its use of the Alien Enemies Act to deport Venezuelan nationals without due process, with the Supreme Court temporarily blocking further deportations.
• Miller's comments highlight ongoing tensions between the executive branch, the judiciary, and Congress over immigration enforcement and the limits of presidential authority.