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Trump administration 'looking at' suspending habeas corpus, Stephen Miller says

  • On May 9, 2025, Stephen Miller, a senior White House policy advisor, announced that the Trump administration is seriously exploring the possibility of suspending habeas corpus as a response to immigration challenges.
  • In March, the administration utilized the 1798 Alien Enemies Act to deport over 230 individuals from El Salvador without providing due process, in response to claims of an undocumented immigrant "invasion."
  • Miller argued that courts are blocking deportations and challenged the judiciary's jurisdiction, citing Congress’s stripping of Article III courts’ power over immigration cases and recent Supreme Court rulings requiring habeas corpus challenges before deportation.
  • He cited the Constitution, emphasizing that habeas corpus protections may be temporarily halted during instances of invasion or rebellion, a measure historically implemented only during significant events like the Civil War.
  • The administration's potential suspension of habeas corpus implies an escalation in immigration enforcement, dependent on judicial response, with significant legal challenges currently pending against the government's deportation policies.
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Forbes broke the news in United States on Friday, May 9, 2025.
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