Wafric News – May 10, 2025

The Trump administration is reportedly "actively considering" suspending habeas corpus, a legal right that allows individuals to challenge their detention in court, according to a top aide. Stephen Miller, the White House deputy chief of staff, revealed on Friday that the US Constitution permits such a suspension in times of "rebellion or invasion."

Miller's comments come at a time when courts have been pushing back against the administration's controversial immigration policies, particularly those targeting undocumented migrants and foreign students who are perceived as dissenting voices. "A lot of it depends on whether the courts do the right thing or not," Miller said, hinting that the government could take action depending on how judges rule in ongoing cases.

Several civil lawsuits are currently challenging the administration’s detention and deportation practices based on habeas corpus. Recently, a federal judge ordered the release of a Turkish university student who had been detained for six weeks after publishing an article critical of Israel. In another case, a judge ordered the release of a Columbia University student detained due to his advocacy for Palestinians, after a habeas corpus petition was filed on his behalf.

However, the Trump administration has also found support in some court rulings. Miller has referred to habeas corpus as a "privilege" rather than an absolute right, noting that Congress had already passed laws that strip judicial courts of jurisdiction over immigration-related cases.

Legal experts, however, have challenged Miller’s interpretation of US law. Marc Elias, a Democratic Party attorney, argued that Congress, not the president or Miller, holds the authority to suspend habeas corpus. “Congress has the authority to suspend habeas corpus—not Stephen Miller, not the president,” Elias said in a statement to MSNBC.

Deportation has been a cornerstone of President Trump’s campaign promises, and his administration has implemented various strategies to expedite deportations. In March, a federal judge blocked the administration’s attempt to invoke a historic wartime law to deport more than 200 Venezuelans, though deportation flights continued regardless.

We had a report that Trump himself has been directly involved in discussions surrounding the suspension of habeas corpus, though he has yet to publicly comment on the matter. While he has not explicitly called for the suspension of the legal right, Trump has indicated his intention to find ways to overcome judicial injunctions that hinder his deportation efforts.

"There are ways to mitigate it, and there’s some very strong ways," 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, which translates to "you should have the body," guarantees the right to appear before a judge to determine the legality of one’s detention. The suspension of this right has occurred four times in US history: during the Civil War under Abraham Lincoln, in Hawaii following the 1941 Japanese attack on Pearl Harbor, in the Philippines in 1905 under US rule, and during the 19th century to combat Ku Klux Klan activities.

The US Constitution grants the power to suspend habeas corpus solely to Congress, not the president, which has led to concerns over the administration’s push to curtail this constitutional protection.


By WafricNews Desk.