Trump administration considers suspending habeas corpus in immigration crackdown

By lauraharris // 2025-05-12

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The Trump administration is considering suspending habeas corpus (the right to challenge detention in court) to address illegal immigration, citing constitutional provisions allowing such action during an "invasion."
Stephen Miller framed the surge in illegal border crossings as an "invasion," arguing that extraordinary measures are needed for national security.
The administration’s aggressive immigration policies, including the use of the Alien Enemies Act, have faced pushback from courts, with rulings limiting its application to organized armed threats, not migrant caravans.
The Supreme Court temporarily blocked deportations under the Alien Enemies Act, requiring due process for detainees, while lower courts have challenged the administration's broad interpretation of "invasion."
Despite legal setbacks, the White House has signaled a willingness to pursue drastic measures, including suspending constitutional rights, to curb illegal immigration.

White House Deputy Chief of Staff Stephen Miller has revealed that the Trump administration is "actively looking at" suspending habeas corpus, a constitutional right allowing individuals to challenge their detention in court, to crack down on illegal immigration. In an interview on May 9 outside the White House, a reporter asked Miller about the possibility of suspending habeas corpus. "First, you know, President Trump has talked about potentially suspending habeas corpus to take care of the illegal immigration problem. When could we see that happen in the future?" a reporter asked. (Related: Trump administration tackles illegal immigration: Sheriff Richard Mack calls for constitutional enforcement.) Miller pointed to Article I of the Constitution, which permits the suspension of the writ "when in cases of rebellion or invasion the public safety may require it." "The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion," Miller answered. "So, it's an option we're actively looking at. A lot of it depends on whether the courts do the right thing or not." Miller justified the potential suspension by framing the influx of undocumented migrants as an "invasion," arguing that the U.S. faces a national security threat requiring extraordinary measures. The move, if enacted, would mark a dramatic escalation in the immigration enforcement policies of the current administration, effectively stripping detained migrants of a fundamental legal safeguard enshrined in the U.S. Constitution.

Trump's crackdown on illegal immigration has faced judicial resistance

The announcement comes amid escalating legal battles over the administration's immigration enforcement measures, including the use of the Alien Enemies Act – a 1798 law allowing for the swift deportation of noncitizens with minimal due process – to remove alleged members of the Venezuelan gang Tren de Aragua. Trump has repeatedly framed the surge in illegal border crossings as an "invasion," arguing that federal judges blocking his policies are enabling an insurrection against U.S. sovereignty. The administration's hardline approach has faced fierce resistance from the judiciary. In April, the Supreme Court temporarily blocked the use of the Alien Enemies Act against members of Tren de Aragua (TdA), a violent Venezuelan prison gang, ruling that detainees must be allowed to challenge their deportations. The decision overturned an injunction by U.S. District Judge James Boasberg, who had previously halted deportation flights to El Salvador and later threatened to hold the administration in contempt for noncompliance. Another setback came on May 1, when U.S. District Judge Fernando Rodriguez Jr. in Texas ruled that the Alien Enemies Act applies only to "an organized, armed force entering the United States" with hostile intent, not to transnational criminal groups. The Trump administration contends that the current border crisis, fueled by cartel activity and mass illegal crossings, meets the constitutional definition of an invasion. Visit InvasionUSA.news for more stories like this. Watch this full episode of the "Health Ranger Report" with Mike Adams, the Health Ranger, and Sheriff Richard Mack as they talk about Trump's declaration of foreign terrorist organizations and law enforcement actions.

This video is from the Health Ranger Report channel on Brighteon.com.

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Trump's crackdown on illegal immigration has faced judicial resistance

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