Stephen Miller Says Trump Administration Is 'Actively Looking' At Suspending Habeas Corpus

“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.

During a press appearance on Friday, Trump senior adviser Stephen Miller detailed another possible prong of the White House’s attempts to target unauthorized immigrants: suspending habeas corpus.

“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. “So it’s an option that we’re actively looking at.”

Habeas corpus – as enshrined in the Constitution – helps shield people from unlawful detention, and ensures that they’re able to contest their incarceration in court. It translates to “you should have the body” in Latin and guarantees that individuals are able to physically appear in front of a judge if they are detained.

Any suspension of habeas corpus would further undercut due process protections for individuals who are detained by the Trump administration as the White House seeks to ramp up immigrant deportations.

The administration has already tried to invoke the Alien Enemies Act – a law that allows the White House to remove immigrants from the US without a hearing – in order to justify the deportation of alleged Venezuelan gang members to a maximum security prison in El Salvador.