Trump Administration Considers Suspending Habeas Corpus in Immigration Cases

Stephen Miller, a senior advisor to former President Donald Trump, has publicly stated that the administration is considering suspending the constitutional right of habeas corpus in immigration cases, a move that has sparked significant legal and public backlash. Habeas corpus, known as "The Great Writ," allows individuals to challenge unlawful detention in court and is protected by the Suspension Clause of the Constitution, which permits suspension only in cases of rebellion or invasion. Legal experts emphasize that only Congress, not the executive branch, has the authority to suspend habeas corpus, and Miller's assertions have been criticized as both legally and historically flawed. Critics argue that the administration's framing of habeas corpus as a "privilege" rather than a fundamental right misrepresents constitutional language and signals an authoritarian approach to governance. The proposal to suspend habeas corpus is seen as part of a broader pattern of attempts to undermine constitutional protections and intimidate the judiciary, causing concern about the erosion of civil liberties. Public and legal commentators warn that such actions threaten core American legal principles and civil rights, urging vigilance and resistance against these potential overreaches.