Politics
Stephen Miller Floats Suspending Habeas Corpus For Illegals: ‘Constitution Is Clear’
Trump White House advisor Stephen Miller signaled that the Trump administration is seriously weighing the suspension of habeas corpus rights for illegal immigrants—arguing the Constitution allows it under the right conditions. Speaking to the press on Friday, Miller responded to a question about when the American public might see the suspension of habeas corpus, a legal right that allows individuals to challenge unlawful detention.
“The Constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said. “So I would say that’s an option we’re actively looking at.”
Miller’s remarks reflect the Trump team’s increasingly aggressive legal posture when it comes to dealing with illegal immigration. Miller’s comments suggest the administration could invoke Article I, Section 9 of the Constitution, which allows habeas corpus to be suspended “when in cases of rebellion or invasion the public safety may require it.”
He also placed blame squarely on federal courts for undermining both the executive and legislative branches when it comes to enforcing immigration laws.
“At the end of the day, Congress passed a body of law known as the Immigration and Nationality Act which stripped Article III courts—that’s the judicial branch—of jurisdiction over immigration cases,” Miller said.
WATCH:
“The courts aren’t just at war with the executive branch,” Miller continued. “These radical, rogue judges [are] at war with the legislative branch as well.”
One example Miller gave was Temporary Protected Status (TPS), a designation given to certain nationals from countries experiencing armed conflict or natural disaster. He said that when Secretary of Homeland Security Kristi Noem terminated TPS for migrants flown into the U.S. during the Biden administration, the courts stepped in and blocked it—despite what Miller described as clear congressional intent to prevent judicial review.
“By statute, the courts are stripped of jurisdiction from overruling a presidential or secretarial determination on TPS,” he explained. “All of that will inform the choices the president ultimately makes.”
Habeas corpus is a fundamental legal principle that protects individuals from unlawful detention by allowing them to challenge the legality of their imprisonment before a court. The term comes from Latin, meaning “you shall have the body,” and it ensures that no one can be held without just cause. Enshrined in the U.S. Constitution under Article I, Section 9, the writ of habeas corpus can only be suspended “when in cases of rebellion or invasion the public safety may require it.”
Historically, it has been suspended only a few times. The most notable example occurred during the Civil War when President Abraham Lincoln suspended habeas corpus to deal with Confederate sympathizers and maintain public order. Another example followed the attack on Pearl Harbor, when the federal government used emergency powers, including detainment without immediate court review, against certain individuals.
Whether or not such a suspension would survive legal challenges remains to be seen. But the message from Team Trump is clear: the gloves are off when it comes to tackling illegal immigration.
