Trump administration mulling end to habeas corpus, legal right to challenge one’s detention

Stephen Miller, a top adviser at the White House, mentioned on Friday that the Trump administration is contemplating the suspension of the writ of habeas corpus, which is the legal right to challenge one’s detention.

Miller stated to reporters at the White House that the constitution allows for the suspension of the privilege of the writ of habeas corpus during times of invasion. The suspension clause in the US constitution specifies that this right can be suspended in cases of rebellion or invasion when public safety necessitates it.

The Trump administration’s potential move to suspend habeas corpus would be a significant escalation in its efforts to challenge the rule of law in the US courts, particularly in its deportation actions.

Miller, a known advocate of far-right immigration policies, has been pushing for aggressive deportations. The administration has faced resistance from federal judges who have rejected claims that the US is under invasion, a justification used for deportations under the Alien Enemies Act.

Despite judicial pushback against the administration’s deportation tactics, President Trump has criticized judges for ruling against him and has at times disregarded court decisions.