What Is Habeas Corpus and How Is It Under Threat By the Trump Administration?

President Donald Trump’s deputy chief of staff for policy, Stephen Miller, indicated to the press on Friday, May 9, that the Trump Administration is considering suspending “habeas corpus” to assist in the deportation of undocumented individuals. Miller mentioned that the Constitution allows for the suspension of the writ of habeas corpus in times of invasion, and they are actively exploring this option depending on court decisions.

The discussion around suspending habeas corpus arises amidst ongoing deportation cases involving Venezuelan migrants and individuals like Kilmar Abrego Garcia. The concept of habeas corpus, which allows individuals to challenge their detention in court, is a crucial legal protection against arbitrary arrests by governments, including the Trump Administration’s immigration crackdown efforts.

While Miller has raised the idea of suspending habeas corpus, legal experts emphasize that only Congress has the authority to do so. The historical significance of habeas corpus in protecting individuals’ rights against government abuses underscores the importance of upholding this fundamental principle of law.