Republican Issues Warning Over Trump Official’s Habeas Corpus Threat

Adeola Adeosun is the Weekend Night Editor for Newsweek based in Atlanta, Georgia. She specializes in covering U.S. national news, politics, and trends. Adeola became a part of Newsweek in 2024 and has previously worked at CNN, Bossip, and The Messenger. You can reach out to Adeola by sending an email to a.adeosun@newsweek.com. Language: English.

Republican Senator Thom Tillis of North Carolina has cautioned the Trump administration against potentially suspending habeas corpus rights in its strict immigration enforcement stance. White House Deputy Chief of Staff Stephen Miller has acknowledged that the administration is actively considering this move, citing constitutional authority under the alien invasion clause. Newsweek contacted the White House via email for comment on Monday.

Habeas corpus, derived from Latin meaning “you shall have the body,” is a legal process to bring a detainee before a court to determine the legality of their imprisonment or detention. President Trump’s efforts to ramp up deportations have faced legal challenges, with attempts to expedite removals and limit legal recourse for undocumented immigrants resulting in lawsuits from advocacy groups and civil liberties organizations.

Several federal judges have issued injunctions blocking key aspects of the administration’s enforcement strategy, including efforts to restrict access to immigration hearings and detain migrants without bail or prompt review.

Tillis expressed worries about unintended consequences if habeas corpus is suspended carelessly by the Trump administration, emphasizing the need for precision in executing such a decision. The authority to suspend habeas corpus historically lies with Congress rather than the president, raising significant questions about executive power.

Legal experts and commentators have criticized the idea of suspending habeas corpus, emphasizing that it can only be done by Congress under specific circumstances different from the present day. Any attempt by the Trump administration to suspend habeas corpus is expected to face immediate and vigorous legal challenges.