Stephen Miller, Deputy Chief of Staff for President Trump, suggested that the administration may suspend habeas corpus to support its deportation efforts. He cited the Constitution's provision for suspension during invasions, indicating the government's urgency given the ongoing deportation cases related to undocumented migrants. Among those affected is Kilmar Abrego Garcia, a man with protective legal status due to credible fear of persecution if returned to El Salvador. This discussion of habeas corpus raises significant legal and ethical concerns about individuals' rights during immigration actions.
The Constitution is clear... the privilege of the writ of habeas corpus can be suspended in a time of invasion, Miller said outside the White House.
Several of these pending cases are based on habeas corpus, including the deportation of Venezuelan migrants alleged by the Trump Administration to be a part of the Tren de Aragua gang.
Abrego Garcia entered the U.S. illegally years ago, but in 2019 a judge granted him 'withholding of removal' status, after determining that his fears of persecution if he were returned to El Salvador were credible.
The literal meaning of habeas corpus is you should have the body, but as a legal principle, it gives a person the ability to challenge a detention in court.
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