President Donald Trump is considering suspending habeas corpus as part of a sweeping crackdown on immigration, according to White House Deputy Chief of Staff Stephen Miller. Speaking to reporters outside the White House on Friday, Miller said the administration is “actively looking at” the option and suggested that it may be justified under the Constitution.
“Well, the Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said. “So I would say that's an option we're actively looking at. Look, a lot of it depends on whether the courts do the right thing or not.”
Miller’s remarks are the clearest indication yet that Trump may invoke the clause in Article I of the Constitution which permits the suspension of habeas corpus “unless when in Cases of Rebellion or Invasion the public Safety may require it.” Miller argued that current immigration challenges amount to an “invasion” and said the courts have repeatedly overstepped their authority in immigration matters. “Congress passed a body of law known as the Immigration Nationality Act, which stripped Article 3 courts... of jurisdiction over immigration cases,” he said. “The courts are at war – these radical rogue judges – with the legislative branch as well, too. So all of that will inform the choice that the President ultimately makes.”
What is habeas corpus?
Habeas corpus is a cornerstone of legal protections in the United States, requiring authorities to justify the detention of individuals before a judge. Migrants frequently use it to challenge deportations and prolonged detentions. The Constitution allows for its suspension only in extraordinary circumstances, such as rebellion or invasion.
Legal experts have warned that any unilateral move by Trump to suspend habeas corpus would be unconstitutional. Georgetown law professor Steve Vladeck wrote, “The near-universal consensus is that only Congress can suspend habeas corpus – and that unilateral suspensions by the President are per se unconstitutional.” He added that “suggesting the administration would suspend habeas corpus if it disagrees with how courts rule in these cases” is not a viable constitutional argument, as reported by The Hill.
The writ has only been suspended four times in US history: during the Civil War, Reconstruction in South Carolina, a 1905 insurrection in the Philippines, and following the attack on Pearl Harbor. In each case, the government cited a clear and immediate national security emergency.
The Trump administration has already tested the limits of executive power by invoking the 1789 Alien Enemies Act to deport alleged gang members from Venezuela. But federal judges, including a Trump appointee, ruled those actions unlawful, stating the administration had not proven the US was under invasion.
“Well, the Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said. “So I would say that's an option we're actively looking at. Look, a lot of it depends on whether the courts do the right thing or not.”
Stephen Miller says the White House is looking into suspending habeas corpus, which protects people from unlawful detentions: "A lot of it depends on whether the courts do the right thing or not." pic.twitter.com/AZLhFy79oZ
— CSPAN (@cspan) May 9, 2025
Miller’s remarks are the clearest indication yet that Trump may invoke the clause in Article I of the Constitution which permits the suspension of habeas corpus “unless when in Cases of Rebellion or Invasion the public Safety may require it.” Miller argued that current immigration challenges amount to an “invasion” and said the courts have repeatedly overstepped their authority in immigration matters. “Congress passed a body of law known as the Immigration Nationality Act, which stripped Article 3 courts... of jurisdiction over immigration cases,” he said. “The courts are at war – these radical rogue judges – with the legislative branch as well, too. So all of that will inform the choice that the President ultimately makes.”
What is habeas corpus?
Habeas corpus is a cornerstone of legal protections in the United States, requiring authorities to justify the detention of individuals before a judge. Migrants frequently use it to challenge deportations and prolonged detentions. The Constitution allows for its suspension only in extraordinary circumstances, such as rebellion or invasion.
Legal experts have warned that any unilateral move by Trump to suspend habeas corpus would be unconstitutional. Georgetown law professor Steve Vladeck wrote, “The near-universal consensus is that only Congress can suspend habeas corpus – and that unilateral suspensions by the President are per se unconstitutional.” He added that “suggesting the administration would suspend habeas corpus if it disagrees with how courts rule in these cases” is not a viable constitutional argument, as reported by The Hill.
The writ has only been suspended four times in US history: during the Civil War, Reconstruction in South Carolina, a 1905 insurrection in the Philippines, and following the attack on Pearl Harbor. In each case, the government cited a clear and immediate national security emergency.
The Trump administration has already tested the limits of executive power by invoking the 1789 Alien Enemies Act to deport alleged gang members from Venezuela. But federal judges, including a Trump appointee, ruled those actions unlawful, stating the administration had not proven the US was under invasion.
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