In a significant development, a senior aide to Donald Trump has revealed that the administration is “actively looking at” the possibility of suspending habeas corpus, which is the legal right allowing individuals to contest their detention in court.
On Friday, Stephen Miller, the deputy chief of staff at the White House, addressed reporters, stating that the US Constitution permits the suspension of legal liberties during periods of “rebellion or invasion.
Judges are now pushing back against recent detentions initiated by the Trump administration, which aimed to address illegal immigration and expel dissenting international students.
Miller stated, “Much of it hinges on whether the courts make the correct decision.”
Multiple civil cases are currently awaiting resolution concerning the Trump administration’s deportation of undocumented migrants, with legal arguments centred around habeas corpus.
A federal judge has recently mandated the release of a Turkish university student who spent six weeks in detention following the publication of an article that criticised Israel.
In a significant legal development last week, a judge mandated the release of a Columbia University student who had been detained due to his advocacy for Palestinians, following a petition filed on habeas corpus grounds.
Nonetheless, various judges have aligned themselves with the Trump administration in these contentious matters.
Miller characterised habeas corpus as a “privilege” and noted that Congress has enacted legislation removing judicial courts’ jurisdiction in immigration matters.
Legal experts are raising concerns about the accuracy of his interpretation of US law.
During his campaign, Trump made a significant promise to deport millions of immigrants from the United States. Since his return to the White House, his administration has implemented various strategies to accelerate the deportation process.
In March, a federal judge issued an order that barred the Trump administration from using a longstanding wartime law to justify the deportation of over 200 Venezuelans, even as the flights continued to proceed.
However, the pace of deportations has not kept up with that of detentions, with reports indicating that at least one individual has been deported in error.
CNN has reported, referencing unnamed sources, that Trump played a direct role in the conversations regarding the suspension of habeas corpus.
While Trump has not directly addressed the suspension of habeas corpus, he has indicated his intention to implement measures to counter injunctions challenging his deportation policies.
In April, he stated, “There are ways to mitigate it, and some powerful methods are available.”
“A method employed by three esteemed presidents has emerged, though there is a collective hope that this path will not need to be taken.”
The principle of habeas corpus, which translates to “you should have the body,” is a legal mechanism that enables individuals to be presented before a judge. This process allows for a judicial review of the legality surrounding their detention.
Throughout US history, the legal right has faced suspension on four notable occasions. This includes the American Civil War under President Abraham Lincoln, the aftermath of the 1941 Japanese bombing of Pearl Harbour in Hawaii, the period of US governance in the Philippines in 1905, and efforts to combat the activities of the white supremacist group Ku Klux Klan in the 19th Century.
The possibility of Trump seeking to suspend habeas corpus without Congressional approval remains uncertain.
