Stephen Miller, President Trump's Homeland Security Advisor, stated the White House is considering suspending the writ of habeas corpus during an invasion. This proposal has sparked intense debate online, as many argue it violates due process rights. Legal scholars point out that only Congress has the authority to suspend habeas corpus under the Constitution. Historical instances of suspension include the Civil War and Pearl Harbor. Critics warn that suspending habeas corpus could lead to unlawful detentions affecting all citizens, not just undocumented immigrants.
Suspending habeas corpus would suspend the right for everyone, not just for undocumented people; it suggests Trump could throw Americans in prison without due process.
The Constitution allows habeas corpus suspension during invasion but only Congress has the authority to enact this, not the Executive Branch.
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