Trump White House advisor Stephen Miller signaled that the Trump administration is seriously weighing the suspension of habeas corpus rights for illegal immigrants—arguing the Constitution allows it under the right conditions. Speaking to the press on Friday, Miller responded to a question about when the American public might see the suspension of habeas corpus, a legal right that allows individuals to challenge unlawful detention.
“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 a time of invasion,” Miller said. “So I would say that’s an option we’re actively looking at.”
Miller’s remarks reflect the Trump team’s increasingly aggressive legal posture when it comes to dealing with illegal immigration. Miller’s comments suggest the administration could invoke Article I, Section 9 of the Constitution, which allows habeas corpus to be suspended “when in cases of rebellion or invasion the public safety may require it.”
He also placed blame squarely on federal courts for undermining both the executive and legislative branches when it comes to enforcing immigration laws.
“At the end of the day, Congress passed a body of law known as the