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Miller claimed the U.S. can suspend the right to challenge the legality of a person’s detention “in time of invasion.”
May 9, 2025, 4:29 PM EDT
By Steve Benen
https://www.msnbc.com/rachel-maddow-show/maddowblog/white-houses-stephen-miller-are-actively-looking-suspending-habeas-cor-rcna205945
In recent months, the radicalism of the Trump administration’s anti-immigration agenda has come into focus, leaving many to wonder just how much further the Republican White House is prepared to go. It was against this backdrop that CNBC reported:
White House deputy chief of staff for policy Stephen Miller said Friday that the Trump administration is ‘actively looking at’ suspending habeas corpus, the right to challenge the legality of a person’s detention by the government. Miller’s comment came in response to a White House reporter who asked about President Donald Trump entertaining the idea of suspending the writ of habeas corpus to deal with the problem of illegal immigration into the United States.
“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 time of invasion,” the presidential adviser said. “So, that’s an option we’re actively looking at.”

rsdsharp
(10,839 posts)There certainly is no insurrection (unlike the Civil War), and the orange shartcannon has decreed the border to be secure. So even if you accept that immigration is an invasion (it’s not) our heroic Presnit has stopped it in its tracks.
The alternate predicates specified under Article I, Section 9, clause 2 simply don’t exist, and I don’t think even this Supreme Court will find the Habeas Corpus Act of 1863 to be operational.
Fiendish Thingy
(19,405 posts)I don’t doubt Miller would love to suspend Habeas, but his comment “it depends on whether the courts do the right thing” acknowledges the administration is bound by the courts.
In fact, just recently a federal court ruled the AEA is being falsely invoked because the US is not being “invaded”. This will be appealed, and I fully expect a 7-2 SCOTUS ruling to uphold the lower court ruling.
P.S. nationwide martial law is a physical impossibility- Do.The.Math.
The Madcap
(1,185 posts)He won't get it when the pendulum swings back. These guys should know this.
Response to Miles Archer (Original post)
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