Overview

• 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.