Trump Administration Considers Unilateral Suspension of Habeas Corpus

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Trump administration officials are reportedly considering suspending habeas corpus, causing alarm among legal experts and Democrats. The White House Deputy Chief of Staff suggested that the administration might suspend this fundamental legal right, but legal scholars have disputed the claim that the president can suspend habeas corpus unilaterally, stating that only Congress has that power. The discussion is seen by critics as an attempt by the administration to use an immigration crackdown to undermine the judiciary and increase the presidential power.

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Trump Administration Could Suspend Habeas Corpus

Legal experts and Democrats voice concern as Trump administration officials publicly discuss suspending habeas corpus—a fundamental American legal right—without Congressional approval. This move would bypass traditional legal safeguards, dangerously consolidating power within the presidency.

Habeas corpus, with roots going back centuries, enables anyone detained in the U.S. to appear before a judge, contest the government’s evidence, and present a defense. However, White House Deputy Chief of Staff Stephen Miller downplayed its importance last Friday, hinting at a unilateral suspension by the administration.

Georgetown University’s constitutional law professor Steve Vladeck described Miller’s statement as “factually and legally nuts” and “the most remarkable (and remarkably scary) comments about federal courts…from a senior White House official” on Substack.

Legal scholars contested Miller’s claim that the president could unilaterally suspend habeas corpus. They pointed out Article 1 of the Constitution, within the scope of Congress’s powers, states “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Senior Republicans largely declined to comment on Miller’s threat. Democrats countered that the Trump administration is attempting to erode the judiciary’s power, supporting its immigration crackdown.

Trump’s Involvement in Habeas Corpus Discussions

Trump reportedly participated in debates about suspending habeas corpus, according to CNN. He alluded to “strong ways” to mitigate it, referencing methods used by three highly respected presidents.

The Supreme Court has consistently ruled that anyone detained in the U.S., including migrants, has the right to appear before a judge. Trump and Miller have criticised these rulings, with Miller intimating a judicial coup by “a handful of Marxist judges.”

Law experts like Ilya Somin and Jonathan Adler challenged Miller’s claim of a unilateral suspension of habeas corpus by the president. They highlight a 2004 Supreme Court ruling that only Congress has the authority to suspend habeas corpus, acting as a “critical check” on the executive branch’s power to unlawfully detain individuals in the U.S.

Stephen Gillers, professor of legal ethics at New York University Law School, suggested that Trump and Miller are seeking to discredit judges and expand presidential power. “Denial of habeas corpus jurisdiction for immigrants is…a way to sideline the courts and retain maximum power in the executive branch,” he stated.

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