The Trump administration is looking to suspend habeas corpus to expedite the removal of migrants who are not legally in the country without giving them the right to challenge detention, according to White House Deputy Chief of Staff Stephen Miller.
Habeas corpus is a legal procedure that allows people in custody to challenge the government's decision to detain them before a court or judge, ensuring individuals cannot be imprisoned without due process of law.
Miller's comment echoes efforts by the administration to use the current state of illegal border crossings to claim there is an invasion.
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"Well, 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. So it's an option we're actively looking at. Look, a lot of it depends on whether the courts do the right thing or not," Miller said to the press outside of the White House on Friday.
In the United States, the writ of habeas corpus is enshrined in the Constitution. There are a number of pending cases challenging the Trump administration’s deportation of migrants based on habeas claims.
"A lot of it depends on whether the courts do the right thing or not," said Miller.
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It's unclear whether the idea of suspending habeas corpus is currently under serious discussion at the White House.
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