The Trump administration is contemplating the suspension of the writ of habeas corpus, a legal safeguard allowing individuals to challenge their detention, as revealed by White House adviser Stephen Miller. The US constitution permits the suspension of habeas corpus in cases of rebellion or invasion when public safety necessitates it. This drastic measure has only been implemented four times in US history, notably during the Civil War by Abraham Lincoln and in response to various threats such as the Ku Klux Klan and after Pearl Harbor.

If enacted, suspending habeas corpus would mark a significant escalation in the administration’s efforts to sidestep legal processes, particularly in deporting individuals without granting them the opportunity to contest their removal. Stephen Miller, known for his hardline stances on immigration, has advocated for an aggressive approach in executing mass deportations, even targeting individuals legally present in the US for expressing views supportive of Palestinians.

Despite attempts to justify deportation actions under the Alien Enemies Act due to an alleged ‘invasion’ by the Venezuelan gang Tren de Aragua, numerous judges have pushed back against this narrative and intervened to prevent unlawful removals. However, President Trump has openly criticized judges who ruled against his administration and, in some instances, disregarded court decisions.

The administration’s potential suspension of habeas corpus raises concerns about the erosion of legal protections and the rule of law in the US, particularly regarding immigration policies and due process rights for individuals facing deportation challenges.