Posted 5/9/2025

Stephen Miller, the deputy chief of staff for policy and the 12th Homeland Security advisor, made the announcement that the White House is actively looking into suspending the writ of habeas corpus. For those that don't know, habeas corpus is a legal term and is used to challenge the justification of a person's detention or imprisonment. The Constitution states that habeas corpus can be suspended during an invasion. Specifically, the Constitution says habeas corpus may not be suspended “unless when in Cases of Rebellion or Invasion the public Safety may require it.” The Trump Administration seems as if they are prepared to characterize the flow of illegal immigrants into the United States as an invasion. It is widely understood that Congress is the only entity with the authority to suspend the writ of habeas corpus. When President Lincoln suspended habeas corpus during the Civil War, Chief Justice Roger B. Taney of Maryland ruled that only Congress has this power... Click Here.

If the Trump Administration is successful in their endeavor, which is highly unlikely, there could be serious ramifications. Not only would illegal immigrants be denied a legal platform to dispute incarceration they may feel is unjust, but U.S. citizens would be stripped of this protection as well.