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2w ago

Trump Administration Weighs Unilateral Suspension of Habeas Corpus in Deportation Push

Legal experts warn the move would violate constitutional limits, as courts and Congress remain central to the debate.

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White House Deputy Chief of Staff Stephen Miller talks to reporters outside of the White House West Wing on May 9, 2025, in Washington, D.C. Miller talked about recent federal court rulings on immigration, calling them part of a "judicial coup" against the administration of President Donald Trump.

Overview

  • White House aide Stephen Miller confirmed the administration is actively considering suspending habeas corpus to expedite deportations, citing claims of an 'invasion.'
  • Legal scholars emphasize that only Congress can suspend habeas corpus under Article I of the Constitution, historically limited to rebellion or invasion scenarios.
  • President Trump is reportedly directly involved in discussions, despite widespread legal consensus that unilateral executive action would be unconstitutional.
  • Federal courts continue to block related deportation efforts under the Alien Enemies Act, ruling that the administration has failed to demonstrate an 'invasion.'
  • Key Republicans, including Senator John Barrasso, downplay the likelihood of Congress addressing the issue, while Democrats and experts decry the proposal as a dangerous overreach of executive power.