Deputy Chief of Staff Stephen Miller mentioned on Friday that President Trump and his team are “actively exploring habeas corpus” as part of their immigration enforcement strategy.
“The Constitution is straightforward, being the highest law, and habeas corpus can be suspended during invasions,” Miller explained to reporters at the White House.
“This is one option we’re considering. Much depends on whether the courts act appropriately,” he added.
Habeas corpus requires authorities to bring detained individuals before a court to justify their detention.
This legal concept has been a point of contention in immigration cases, notably being referenced in the context of deporting Venezuelan citizens accused of being part of El Salvador’s notorious Mega Prison gang.
Similarly, students like Rümeysa Öztürk and Mahmoud Khalil have encountered legal challenges after being detained.
The Constitution states that the privilege of habeas corpus should not be suspended “in the case of rebellion or invasion unless public safety demands it.”
However, suspending this privilege remains a highly contentious issue, particularly with regards to alien enemies.
The Supreme Court has allowed immigrants to contest their status as alien enemies, and judges in at least three cases have sided with immigrants, suggesting that the Trump administration misused legal provisions meant for wartime conditions.
Judges may have similar views on the administration’s attempts to suspend habeas corpus, as challengers are likely to contest whether the U.S. is facing rebellion or invasion currently.
Miller also argued that the 1965 Immigration and Nationality Act reduced the Judicial Branch’s authority over immigration cases, giving the President broad powers to terminate temporary protective status and other policies.
“The courts aren’t just at odds with the executive branch, but they’re also in conflict with the legislative branch, affecting the president’s ultimate decisions,” he said.
Despite this, judges frequently assess the legality of immigration policies, often initiated by affected individuals.
The Trump administration has had numerous disputes with federal judges as it works to enforce its immigration agenda, including deporting individuals and suspending assistance for refugees to limit immigration into the U.S.
On March 15, administrative officials disregarded a directive from U.S. District Judge James Boasberg and halted a flight transporting Venezuelan immigrants to a Salvador prison.
A federal judge in Massachusetts recently blocked plans to deport certain foreign immigrant groups, possibly to Libya and Saudi Arabia.
Another federal judge granted bail to Tufts University’s Öztürk on Friday, releasing her from immigration custody weeks after her visa was revoked and she was arrested.
In response to Miller’s statements, a Democratic aide remarked sarcastically, “Stephen Miller isn’t a lawyer, but he acts like one on TV. No one sane takes him seriously, but I suppose sanity is a rare commodity in this administration.”
