Trump Administration Weighs Suspension of Habeas Corpus in Immigration Crackdown

Internal Discussions Signal Serious Consideration

The former president's membership and as a member of Congress were personally involved in internal House discussions that directly concerned the blocking of jurors, the key legal protection that allows individuals to give their consent. CNN has been informed that it is being seriously reviewed.

Stephen Miller Confirms Deliberations

Stephen Miller, then a top White House policy advisor, confirmed during a press briefing on May 9 that the Trump administration was "actively looking at" the suspension of habeas corpus. He implied the decision would hinge on whether the courts supported the administration’s immigration enforcement plans. “It depends on whether the courts do the right thing or not,” Miller stated.

Trump Hinted at Drastic Measures

While Trump never publicly mentioned “habeas corpus” by name, sources indicated that his April 30 comments alluded to this potential course of action. He referenced a strategy used by “three very highly respected presidents,” describing it as a strong but undesirable measure he hoped to avoid.“There’s one way that’s been used by three very highly respected presidents… and hopefully we don’t have to go that way,” Trump said.

Legal and Constitutional Constraints

Limited Grounds for Suspension

The US Constitution only states that “the public safety may require it in cases of rebellion or invasion.” Legal experts and former prosecutors say that doesn’t meet that standard.

CNN legal creator and former right-wing prosecutor Eli Hone criticized Miller's claims, saying they misinterpreted the law. “Essentially everything Miller says about suspending habeas corpus is wrong,” said Honig. “Congress has never passed a law authorizing deportations without any court involvement.”

Judicial Pushback

Federal judges, including at least one appointed by Trump, have previously rejected similar arguments made by the administration, such as invoking the Alien Enemies Act to expedite deportations without due process.

Legal expert Ilya Somin emphasized that habeas corpus suspensions have historically been used only in wartime or during actual invasions.“Every time courts have ruled on this, they have ruled against the states” that tried to classify illegal immigration as an invasion, Somin said.

Targeting Migrants and Gang Members

Enemy Combatant Designation Considered

CNN also reported that the Trump administration explored the possibility of labeling certain cartel and gang members as “enemy combatants”, which would allow authorities to detain them without the usual legal protections and complicate their ability to challenge imprisonment.

Broader Implications of Suspension

Suspending habeas corpus would be unprecedented in immigration law, allowing the government to detain individuals under judicial theory or justification, effectively removing appropriate safeguards.

Tensions with the Judicial Branch

Trump and Miller have repeatedly criticized the judiciary, claiming that court rulings have obstructed immigration enforcement. Miller even described legal setbacks as part of a “judicial coup.”

In response to growing political pressure, Chief Justice John Roberts defended judicial independence, stating: