PULSE POINTS:
❓What Happened: The Trump administration is considering suspending habeas corpus for illegal aliens, citing the constitutional allowance during cases of “invasion” due to the border crisis inherited from the Biden era.
👥 Who’s Involved: President Donald J. Trump, White House Deputy Chief of Staff for Policy Stephen Miller, and federal courts.
📍 Where & When: Washington, D.C., with statements made on Friday, May 9, 2025.
💬 Key Quote: “The privilege of the writ of habeas corpus can be suspended in a time of invasion. That’s an option we’re actively looking at,” Stephen Miller told the press.
⚠️ Impact: The move could streamline deportations and bolster border security, but it risks legal battles with activist judges, testing Trump’s resolve to restore immigration enforcement.
IN FULL:
The Trump administration is “actively looking at” suspending habeas corpus for illegal aliens. The constitutional principle, Latin for “you shall have the body,” allows detained persons to challenge their detention—but the Constitution states that the privilege of habeas corpus can be suspended “when in Cases of Rebellion or Invasion the public Safety may require it.” The Trump administration’s position is that the illegal immigration crisis that gathered pace under former President Joe Biden amounts to an invasion.
“The privilege of the writ of habeas corpus can be suspended in a time of invasion. That’s an option we’re actively looking at,” White House Deputy Chief of Staff for Policy Stephen Miller told the press on Friday. “A lot of it depends on whether the courts do the right thing or not,” Miller said, arguing “radical rogue judges” are violating the Immigration and Nationality Act by intervening in immigration cases.
“By statute, the courts are stripped of jurisdiction from overruling a presidential determination… when courts stepped in, they were violating specific language that Congress had enacted saying they have no jurisdiction,” Miller added.
WATCH:
🚨 MAJOR BREAKING: Trump White House considers SUSPENDING the writ of habeas corpus for illegals just days after @DC_Draino floated the idea in the White House briefing room.
WHOA.
STEPHEN MILLER: “The privilege of the writ of habeas corpus can be suspended in a time of… pic.twitter.com/HPNlRQyrAL
— Eric Daugherty (@EricLDaugh) May 9, 2025