Presidential adviser Stephen Miller announces a potential move with rare historical precedent in the US.
Presidential adviser Stephen Miller has revealed the Trump administration is "actively looking at" suspending habeas corpus, the legal right to challenge detention. This potential move, which the US has only taken four times in its history, is being considered in the context of the administration's efforts to deport individuals, with Miller citing the Constitution's allowance for suspension during "invasion." Legal scholars and federal judges have pushed back against the administration's use of an "invasion" claim to justify bypassing due process in deportations, arguing that the Constitution's suspension clause is narrowly tailored to situations where public safety is at risk due to rebellion or military invasion, not migration. The administration's consideration of this unprecedented step underscores its determination to expedite removals, even as courts have ruled against its previous attempts to do so without proper legal procedures.
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