Stephen Miller, the White House Deputy Chief of Staff, has reportedly now announced that the Trump administration is considering suspending habeas corpus in response to what they describe as an “invasion” at the southern border. This legal move aims to facilitate mass deportations that have faced obstacles from federal judges.
Miller stated that the Constitution allows for the suspension of habeas corpus during times of invasion, emphasizing that this option is being actively explored.
Miller’s comments came after multiple federal judges halted the administration’s deportation efforts, particularly using the Alien Enemies Act to quickly expel Venezuelan immigrants deemed as violent criminals.
President Trump expressed frustration over these judicial setbacks, criticizing “activist judges” for preventing the deportation of individuals he labeled as “murderers” and “criminals.”
Miller further argued that the Immigration and Nationality Act restricts judicial authority to overrule presidential decisions regarding temporary protected status (TPS).
He contended that when Secretary Kristi Noem ended TPS for certain undocumented immigrants, the courts intervened improperly, thus challenging both the executive and legislative branches.
If the administration proceeds with suspending habeas corpus based on claims of an invasion, it would likely prompt legal challenges, leading to potential conflicts between the courts and the White House.
Historically, habeas corpus has been suspended during critical periods, such as the Civil War and World War II.
Miller’s remarks highlight the ongoing tensions surrounding immigration policy and the administration’s commitment to aggressive deportation strategies, despite significant legal hurdles.
The White House’s next steps will be closely monitored as they navigate these complex legal and political issues.
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