President Donald Trump’s administration is reportedly weighing the possibility of suspending habeas corpus, a legal safeguard that allows individuals to challenge unlawful detentions in court.
The idea has surfaced amid the administration’s increasing friction with the judiciary over immigration-related arrests and deportations, reports BBC, citing a statement from Stephen Miller, the White House Deputy Chief of Staff.
BBC writes that Miller told reporters Friday that the U.S. Constitution permits suspension of this right in cases of “rebellion or invasion,” a justification the administration may consider in its crackdown on undocumented immigration.
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Miller said that judicial challenges to immigration-related detentions are obstructing enforcement efforts, and that the White House is exploring aggressive legal measures in response.
He referred to habeas corpus as a “privilege” rather than a guaranteed right and asserted that Congress had already curtailed court jurisdiction over immigration matters.
Legal experts were quick to dispute Miller’s interpretation, noting that only Congress has the authority to suspend habeas corpus.
The administration’s approach has come under judicial scrutiny in recent weeks.
A federal judge recently ordered the release of a Turkish student detained for six weeks following his article criticizing Israeli policies, BBC adds. Another judge mandated the release of a Palestinian advocate from Columbia University, citing habeas corpus protections.
Still, some judges have ruled in favor of the administration in similar cases.
Trump, while not publicly mentioning habeas corpus, hinted in April that prior presidents had used powerful legal tools to push past judicial blocks on deportation policies.
Habeas corpus -- Latin for “you shall have the body” -- is a legal principle in the U.S. Constitution.
It has only been suspended four times in American history, including during the Civil War under President Abraham Lincoln and in Hawaii after the Pearl Harbor attack in 1941.
Returning to the White House with renewed focus on immigration, Trump has made it clear that his administration will explore all avenues to expedite deportations.
While detention numbers have surged, deportation efforts have faced legal and logistical hurdles -- including a mistaken removal of at least one individual.
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