Trump’s senior aide hints at suspension of habeas corpus to deport migrants

WASHINGTON

The Trump administration is examining the suspension of a fundamental pillar of the American judicial system so that it can more easily deport migrants from the US, a senior aide to President Donald Trump said Friday.

“The Constitution is clear, and that of course, is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion,” Stephen Miller told reporters at the White House. “So, that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not.”

The comments come as Trump continues to suffer mounting legal defeats in his push to deport migrants — those who are undocumented and in the country on student visas.

Habeas corpus, Latin for “you should have the body,” is a legal principle enshrined in the US Constitution that protects against arbitrary detention. The writ of habeas corpus requires authorities to bring forth an individual in their custody and then justify their continued detention.

Several migrants have used the legal pillar to challenge their deportations as Trump seeks to use the Alien Enemies Act of 1798 to remove thousands who are living in the country illegally. It was also successfully used to free on bail Rumeysa Ozturk and Mahmoud Khalil, two international students whom the Trump administration has sought to deport over their past pro-Palestinian speech.

Article I, Section 9, Clause 2 of the US Constitution says habeas corpus shall not be suspended “unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Miller’s use of the term “invasion” is likely a reference to an argument Trump has made since his first stint in office, in which he has claimed the US is facing an “invasion” of migrants, both undocumented and those in the country legally.

“The courts aren’t just at war with the executive branch. The courts are at war, these radical, rogue judges with the legislative branch of politics,” he said.

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