In a controversial statement on May 9, 2025, White House Deputy Chief of Staff Stephen Miller revealed that the Trump administration is actively considering suspending the writ of habeas corpus for migrants. This legal right allows individuals to challenge their detention in court, and Miller described it as a "privilege" that "can be suspended in time of invasion." This assertion raises significant legal and constitutional questions, especially given that the Constitution specifies that such a suspension is only permissible in cases of rebellion or invasion when public safety requires it.
The Constitution explicitly states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." However, legal experts largely agree that the authority to suspend habeas corpus lies with Congress, not the executive branch. Supreme Court Justice Amy Coney Barrett emphasized this point in a co-authored essay, stating that revoking the writ is up to Congress.
Historically, the writ of habeas corpus has been suspended only four times in the United States: once during the Civil War by President Abraham Lincoln, in the Philippines in 1905, in Hawaii after the Pearl Harbor attack, and in South Carolina during Reconstruction to combat the Ku Klux Klan.
Miller's comments came just hours after a federal judge in Vermont ordered the release of Rumeysa Öztürk, a Tufts University student who had been detained by immigration authorities. Öztürk, a Turkish-born Fulbright scholar with a legal F-1 visa, was arrested for allegedly engaging in "activities in support of Hamas." Judge William Sessions granted her bail after determining that there was no evidence of violence or criminal activity on her part.
In a broader context, the Trump administration has invoked the Alien Enemies Act to justify deportations without sufficient due process, claiming an "invasion" that necessitates immediate action. However, recent court rulings have consistently rejected this argument, including a ruling on May 6 that found the White House failed to prove the existence of an invasion warranting such actions.
Miller's assertion that the decision to suspend habeas corpus would depend on the courts' actions has drawn criticism. Georgetown University Law Center professor Steve Vladeck noted that there is a near-universal legal consensus that only Congress has the authority to suspend habeas corpus, and any unilateral action by the President would be unconstitutional.
Trump's administration has been vocal in its disdain for federal judges who rule against their policies, labeling them as "activist judges." In a recent post on Truth Social, Trump expressed frustration with the judicial system, claiming it prevents him from doing his job effectively and urging that deportations should proceed without delay for those he deems criminals.
On the matter of upholding the Constitution, Trump appeared uncertain during a recent interview on NBC News's "Meet the Press," responding, "I don’t know" when asked if he believes he needs to uphold constitutional principles during his presidency.
Marc Elias, an attorney for the Democratic Party, responded to Miller's comments by asserting that Congress alone has the authority to suspend habeas corpus. He criticized Miller's interpretation of the law, stating, "Stephen Miller is wrong on the law, he's wrong on the facts. But what he is is he’s the representative of a deranged authoritarian who believes he can exercise all power."
The ongoing debate over immigration policy and the rights of migrants in the U.S. reflects a broader national conversation about the balance of power between the executive branch and the judiciary. As the Trump administration continues to pursue aggressive immigration enforcement measures, the implications of suspending habeas corpus could have profound effects on the legal system and the rights of noncitizens.
The administration's hardline stance has framed immigrants—both documented and undocumented—as threats to national security, with Trump often referring to them in derogatory terms. Miller has echoed these sentiments, stating, "America is for Americans and Americans only," further fueling tensions around immigration issues.
As the situation unfolds, legal experts and civil rights advocates are closely monitoring the administration's moves, emphasizing the importance of upholding constitutional protections for all individuals, regardless of their immigration status. The potential suspension of habeas corpus raises critical questions about the rule of law and the rights of those detained by the government.
In conclusion, the Trump administration's consideration of suspending habeas corpus for migrants presents a troubling scenario that challenges established legal norms and raises alarms about the future of civil liberties in the United States.