On May 9, 2025, Stephen Miller, the White House Deputy Chief of Staff, hinted that the Trump administration might explore suspending the right to habeas corpus in immigration matters. This controversial move raises serious constitutional questions as the Suspension Clause limits when this right can be suspended. Miller's comments come in response to the administration's recent immigration court losses, suggesting potential disregard for both the Constitution and judicial oversight in favor of administrative control over immigration practices.
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. So ... that's an option we're actively looking at.
To casually suggest that habeas might be suspended because courts have ruled against the executive branch in a handful of immigration cases is to turn the Suspension Clause entirely on its head.
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