The Trump administration is exploring the possibility of suspending habeas corpus, a fundamental right that allows individuals to challenge their detention in court.
According to Stephen Miller, White House deputy chief of staff for policy, the administration is “actively looking at” this option to deal with the issue of illegal immigration. Miller cited the Constitution, which permits the suspension of habeas corpus “in time of invasion.”
However, legal experts argue that this provision does not apply in the current situation. “The Constitution’s Suspension Clause doesn’t allow the President to unilaterally suspend habeas, especially when Congress is in session,” said Steve Vladeck, a Georgetown University law professor. Lisa Rubin, an MSNBC legal correspondent, described Miller’s idea as “truly crazy.” The potential suspension of habeas corpus raises concerns about the government’s ability to detain individuals without charges or due process.
