Trump Administration Weighs Suspension of Habeas Corpus

Trump Administration Considers Suspending Habeas Corpus Amid Immigration Crackdown

A top aide to Donald Trump has confirmed that the administration is "actively looking at" suspending habeas corpus—the constitutional right allowing individuals to challenge their detention in court.

Stephen Miller, the White House deputy chief of staff, told reporters Friday that the U.S. Constitution permits the suspension of habeas corpus in times of “rebellion or invasion.” His comments follow a series of legal challenges against recent detentions carried out by the Trump administration, largely tied to its aggressive immigration enforcement and removal of foreign students accused of dissent.

“A lot of it depends on whether the courts do the right thing or not,” Miller stated.

Multiple civil cases are currently pending against the administration, questioning the legality of deporting undocumented migrants through habeas corpus petitions. In a recent case, a federal judge ordered the release of a Turkish university student who had been held for six weeks after publishing an article critical of Israel. Similarly, another judge ruled in favor of a Columbia University student detained over pro-Palestinian activism, ordering their release based on habeas corpus grounds.

However, not all rulings have gone against the administration—some courts have supported the government’s detentions.

Miller characterized habeas corpus as a "privilege" rather than a guaranteed right, asserting that Congress had already passed legislation limiting judicial oversight in immigration cases. Legal scholars and critics swiftly challenged his interpretation.

“Congress has the authority to suspend habeas corpus—not Stephen Miller, and not the president,” Democratic attorney Marc Elias said during an appearance on MSNBC.

Deportation has remained a central pillar of Trump’s platform, and since returning to the White House, his administration has taken steps to expedite removals. Still, deportations have lagged behind detentions—at least one person has been wrongly deported.

In March, a federal judge blocked the administration from using the Alien Enemies Act—a wartime-era law—to deport over 200 Venezuelans. Despite the ruling, the flights proceeded.

CNN has reported, citing anonymous sources, that Trump has been directly involved in the discussions around suspending habeas corpus. While he has not publicly addressed the possibility, he has expressed frustration with court injunctions slowing his immigration agenda.

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“There are ways to mitigate it, and some very strong ones,” Trump said in April. “There’s one way that’s been used by three very highly respected presidents—but we hope we don’t have to go that route.”

Habeas corpus, meaning “you should have the body” in Latin, ensures that individuals can be brought before a judge to determine the legality of their detention. The right has been suspended only four times in U.S. history—during the Civil War by Abraham Lincoln, in Hawaii after Pearl Harbor, in the Philippines in 1905, and during efforts to suppress the Ku Klux Klan in the 19th century.

Under the Constitution, the authority to suspend habeas corpus rests solely with Congress—not the executive branch.