Stephen Miller, White House deputy chief of staff, stated that the Trump administration is actively considering suspending habeas corpus, a legal right enabling individuals to challenge their detention by the government. This action, Miller claims, would be justified under the Constitution during times of 'invasion' or 'rebellion'.
This consideration stems from the Trump administration's characterization of the ongoing situation at the US-Mexico border as an 'invasion', seeking to bypass legal protections for migrants. The administration's efforts to use this justification have been challenged in court, with multiple judges, including a Trump appointee, rejecting their claim.
The Constitution permits the suspension of habeas corpus in cases of rebellion or invasion when public safety necessitates. While Congress's role is not explicitly mandated in the Constitution, legal experts suggest their involvement is implied. Previous attempts by some states to claim illegal immigration constituted an invasion have been consistently rejected by the courts.
The administration's actions have been met with resistance from the judiciary, with Chief Justice John Roberts emphasizing the judiciary's independence and role in checking the excesses of the executive and legislative branches.
Legal scholar Ilya Somin noted that the suspension of habeas corpus has historically occurred only during times of actual war or narrowly defined invasion. The Trump administration's actions are viewed by some as an overreach of power.