Peace Administration Considers Suspending S Corpus, Habeas corpus
In a surprising twist that sounds like it came straight out of a political thriller, it appears Donald Trump’s team is seriously toying with the idea of suspending habeas corpus—the nifty little right that lets people challenge their detention in court. This juicy tidbit was dropped by Stephen Miller, the White House deputy chief of staff, who told reporters that the Constitution does allow for this kind of legal maneuvering during times of “rebellion or invasion.” You know, just casual stuff.
This revelation comes as judges are pushing back against some of the recent detentions related to Trump’s tough stance on illegal immigration and efforts to send dissenting foreign students packing. Miller was pretty candid about it, saying, “A lot of it depends on whether the courts do the right thing or not.” So, no pressure, judiciary!
There are quite a few civil cases brewing against the Trump administration over its deportation tactics that hinge on habeas corpus. Just recently, a federal judge ordered the release of a Turkish student who had been locked up for six weeks after penning a not-so-flattering article about Israel. Not to be outdone, another judge released a Columbia University student who had been detained for advocating for Palestinian rights, all thanks to a petition based on habeas corpus.
However, it’s not all sunshine and roses—some judges have sided with the administration in these legal battles. Miller has referred to habeas corpus as more of a “privilege” than a right and pointed out that Congress has already passed laws limiting judicial authority over immigration matters. But hold your horses; legal experts and critics are raising their eyebrows at his interpretation of the law. Marc Elias, a Democratic Party lawyer, made it clear: “Congress can suspend habeas corpus—Stephen Miller and the president cannot.”
Let’s not forget one of Trump’s big campaign promises: to boot millions of immigrants out of the country. His administration has been scrambling to speed up deportations since he returned to the Oval Office. Back in March, a federal judge stepped in to prevent Trump from using an old wartime law to justify kicking out over 200 Venezuelans, even if those flights were still happening.
Despite all the drama, deportations seem to be lagging behind detentions—oops, one poor soul even got mistakenly deported.
In what sounds like a plot twist worthy of a Netflix series, CNN reported that Trump himself is getting involved in discussions about suspending habeas corpus. While he hasn’t directly mentioned it, he has talked about finding ways to sidestep court rulings that get in the way of his deportation agenda. In April, he hinted there are some “very strong ways” to do this, mentioning a method used by three respected past presidents. Let’s hope we don’t have to go down that road!
For those who might not know, habeas corpus literally means “you should have the body,” allowing someone to be brought before a judge to determine if their detention is lawful. It’s been suspended four times in U.S. history: during Lincoln’s Civil War era, in Hawaii post-Pearl Harbor, during American rule in the Philippines in 1905, and while combating the KKK back in the 19th century.
Here’s the kicker: The Constitution gives Congress the power to suspend habeas corpus—not the president. So buckle up; this political rollercoaster isn’t over yet!
