The Trump administration is considering suspending habeas corpus to speed up the removal of undocumented immigrants. This move would block migrants from contesting their detention in court. White House Deputy Chief of Staff Stephen Miller revealed the potential plan during a press briefing.
Habeas corpus is a constitutional safeguard that allows individuals in custody to challenge the legality of their detention. It ensures that the government cannot imprison someone without due process. Miller framed the surge in illegal border crossings as an “invasion,” a term that could legally justify suspending the writ.
According to Miller, the Constitution permits suspension of habeas corpus in cases of invasion. “The law is clear. If there’s an invasion, the suspension becomes an option,” he said. He emphasized that much would depend on how courts respond. “It really hinges on whether judges make the right calls,” Miller added.
Donald Trump Faces Legal Challenges As Recent Rulings Add Pressure
It’s uncertain how seriously the White House is pursuing the suspension. However, several lawsuits challenging migrant deportations are based on habeas corpus claims. These cases reflect ongoing legal resistance to the administration’s aggressive immigration stance.
Federal judges have repeatedly blocked attempts by the Trump team to quickly deport immigrants. Often without giving them a hearing. These rulings have frustrated the administration. In particular, efforts to remove suspected gang members or individuals labeled as national security threats have met legal roadblocks.
Today, I signed an Executive Order to launch the first-ever self-deportation program. Illegal aliens who stay in America face punishments, including—sudden deportation, in a place and manner solely of our discretion. TO ALL ILLEGAL ALIENS: BOOK YOUR FREE FLIGHT RIGHT NOW! pic.twitter.com/LO4eyfhZOq
— Donald J. Trump (@realDonaldTrump) May 10, 2025
Miller’s remarks came shortly after a key legal decision in Vermont. A judge ordered the release of Rumeysa Öztürk, a Tufts University student who had been in U.S. immigration custody for 45 days. Her student visa had been revoked by the administration. Officials claimed she supported a designated terrorist group and created a hostile environment for Jewish students. Grounds they said threatened U.S. foreign policy.
The Vermont court, however, ruled in her favor, pushing back against the administration’s actions. The case has become emblematic of broader legal disputes around immigration enforcement and due process.While the administration hasn’t confirmed if suspending habeas corpus is under formal consideration, Miller’s comments suggest it’s on the table. Legal experts say such a move would face intense scrutiny and immediate legal challenges.The Trump administration continues to test the boundaries of executive power in immigration enforcement. Whether the courts “do the right thing,” as Miller put it, may determine how far that effort goes.
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