White House Considers Suspending Habeas Corpus to Speed Deportations
The White House is “actively looking at” whether to suspend the ability of migrants to challenge their detention in court as part of an effort to speed its deportation efforts, senior adviser Stephen Miller said Friday.
“The Constitution is clear that, of course, it is the supreme law of the land that the privilege of the writ of habeas corpus can be suspended in time of invasion — so it’s an option we’re actually looking at, but a lot of it depends on whether the court will do the right thing or not,” Miller told reporters.
What is Habeas Corpus?
Habeas corpus allows for those detained by the government to challenge the detention and be released from imprisonment after wrongful arrest. In immigration proceedings, habeas reviews can consider how long migrants are being held before deportations, and the conditions of their imprisonment.
History of Habeas Corpus Suspension
Habeas corpus has only occasionally been suspended throughout U.S. history: during the Civil War and Reconstruction, in the U.S.-controlled Philippines in 1905 and in Hawaii following the bombing of Pearl Harbor.
Recent Developments
Miller spoke hours after a federal judge in Vermont ordered the immediate release of a Tufts University doctoral student who was detained by immigration officers in March, as part of President Donald Trump’s crackdown on foreign students who participated in campus demonstrations against Israel.
Rümeysa Öztürk wrote an op-ed in her school newspaper critical of the university’s response to the war in Gaza; the administration has alleged, without providing evidence, that she participated in activities in support of Hamas.
Judicial Coup or Executive Authority?
Asked about the case, Miller said there was “a judicial coup” underway in the country and the executive branch had “absolute authority” to revoke visas without review by the courts.
“This judicial coup by a handful of Marxist judges to frustrate that effort can only be understood as an attack on democracy,” Miller said.
The countries appeared to have diverging views of where the negotiations presently stand.
News that the global Catholic church would get its first-ever U.S.-born pope was welcomed by Catholics across the ideological spectrum.
Readers seem hopeful about the new pope, ask about Republicans in name only, urge support for food assistance; and are worried about the future.
The United States has suspended habeas corpus under four distinct circumstances during its history.
Readers appreciate a helpful federal employee; the wisdom of Abraham Lincoln; and DMN columnist Robert Wilonsky.
Conclusion
In conclusion, the White House’s consideration of suspending habeas corpus to speed deportations raises significant concerns about the erosion of due process and the rule of law. The suspension of habeas corpus has only been used in extreme circumstances throughout U.S. history, and its use in this context would be a drastic departure from established precedent.
Frequently Asked Questions
Q: What is habeas corpus?
A: Habeas corpus is a writ that allows individuals to challenge their detention and be released from imprisonment after wrongful arrest.
