Trump Mulls Suspending Habeas Corpus for Migrants

Senior Trump adviser Stephen Miller has stated that the administration is actively considering suspending the writ of habeas corpus for migrants, arguing the Constitution allows such action in times of 'invasion,' which the administration applies to the current surge in undocumented immigrants. This move would mark the first suspension of habeas corpus since the Civil War, enabling the government to detain migrants without judicial review. Legal experts highlight constitutional ambiguities over whether only Congress or the President can suspend habeas corpus, making any executive action likely to prompt significant legal challenges. The Trump administration has previously sought to expedite deportations and bypass due process, but courts have repeatedly blocked these efforts and upheld noncitizens' basic rights. Miller's comments indicate a possible escalation in the administration's confrontation with the judiciary over immigration policy. The proposal raises serious constitutional and legal concerns and is part of broader efforts to expand executive immigration authority.