The Trump administration is considering the suspension of habeas corpus for certain individuals detained in immigration enforcement operations, according to White House Deputy Chief of Staff Stephen Miller.

Speaking to reporters on Friday, Miller confirmed that the administration is “actively looking at” the constitutional provision, which allows for suspension of the writ in specific, limited circumstances.

“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,” Miller said.

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“So, it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not.”

The writ of habeas corpus requires authorities to bring a detained individual before a court and justify their detention.

Migrants and immigration attorneys have frequently used habeas corpus filings to challenge deportation orders or prolonged detention in federal custody.

The move, if executed, would mark a significant shift in the legal approach toward illegal immigration enforcement.

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The Trump administration has prioritized border security and deportation of criminal aliens, citing national security concerns.

In recent months, President Trump has invoked the Alien Enemies Act — a federal statute dating back to the 18th century — to initiate removals of certain foreign nationals accused of gang affiliations, including Venezuelans who were deported to a high-security facility in El Salvador.

The Trump administration has argued that existing legal tools are insufficient in addressing the scale and complexity of modern immigration threats, particularly when courts intervene in executive enforcement decisions.

According to the National Constitution Center, the writ of habeas corpus has been suspended only four times in U.S. history.

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These instances include President Abraham Lincoln’s suspension during the Civil War, temporary suspension in parts of South Carolina during Reconstruction, in the Philippines in 1905, and in Hawaii following the 1941 attack on Pearl Harbor.

Legal experts have pointed out that any attempt to suspend habeas corpus would almost certainly face immediate legal challenges, including review by the Supreme Court.

However, the Trump administration has previously indicated its willingness to pursue executive actions even if lower courts initially oppose them.

Miller emphasized that the administration believes its approach is justified under constitutional law and consistent with the federal government’s obligation to ensure national security and public safety.

While no formal order has been issued, internal legal teams are reportedly preparing for a potential rollout of the policy.

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The Department of Justice and the Department of Homeland Security have declined to comment on the details of any ongoing legal review.

Immigration enforcement remains a central issue for the Trump administration, particularly following rising tensions over illegal border crossings and high-profile deportation cases.

Recent policy announcements have included increased coordination with foreign governments, streamlined deportation procedures, and programs to incentivize voluntary departure for undocumented individuals.

White House officials have not confirmed a timeline for any decision regarding habeas corpus suspension, but sources indicate it could be deployed selectively in cases involving national security risks or criminal alien populations.

The development follows heightened political debate over federal immigration policy and comes amid ongoing litigation over past enforcement efforts.

Here’s where it gets entertaining.

The rabidly anti-Trump Lincoln Project, named after President Abraham Lincoln, weighed in Stephen Miller’s comments, stating “Suspending habeas corpus. Let that sink in.”

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