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Trump administration 'looking at' suspending habeas corpus, Stephen Miller says

  • The Trump administration is actively considering suspending habeas corpus to strengthen legal powers to deport migrants at the U.S.-Mexico border.
  • This consideration follows President Trump’s claim in March that the U.S. Faces an 'invasion' of Venezuelan gang members and migrants, invoking the Alien Enemies Act of 1798.
  • The administration’s efforts build on past uses of wartime authority but face skepticism from federal courts, which have blocked similar measures citing questions about the existence of an invasion.
  • Stephen Miller, a senior White House official, stated that the Constitution clearly permits the suspension of habeas corpus during an invasion and noted that the administration is considering this option.
  • If the administration proceeds, legal challenges will likely contest whether current migrant flows constitute an invasion justifying suspension, with courts historically protecting detainee rights.
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Forbes broke the news in United States on Friday, May 9, 2025.
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