White House is considering suspending habeas corpus as part of immigration crackdown

White House deputy chief of staff Stephen Miller told reporters Friday that President Donald Trump and his staff are “actively looking at” suspending habeas corpus as part of the administration’s crackdown on illegal immigration.

A writ of habeas corpus forces authorities to justify a person's confinement, and has been a big part of illegal migrants' responses to looming deportations under the Alien Enemies Act. A president does have the power to suspend the writ, but can only do so for public safety purposes during times of open rebellion or invasion.

Miller indicated at the White House that the president was looking at using the invasion justification if he does suspend it, according to The Hill. Trump has used the term before to refer to the immigration crisis at the border.

“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,” Miller said. “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.”

The writ has only been suspended four times in American history, with the most recent case being in Hawaii after the Japanese attack on Pearl Harbor in World War II. It was also suspended during the Civil War.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.