Stephen Miller Wants to Suspend Habeas Corpus. Here's Why That Should Terrify You [View all]
https://jasonegenberg.substack.com/p/stephen-miller-wants-to-suspend-habeas
CHAPTER I: THE CAGE DOOR SLAMS QUIETLY
Let’s start with a phrase that doesn’t appear in the Constitution: “Just trust us.”
On May 9, 2025, Stephen Miller—a man who’s spent the better part of a decade fantasizing about autocracy with a thesaurus—stood outside the White House and said the words no American should ever ignore: the Trump administration is “actively looking at” suspending habeas corpus. Why? Because, Miller says, undocumented immigration constitutes an “invasion.”
Now let’s pause here. Let’s slow this down. Let’s give the words the weight they deserve, because it doesn’t get more American than habeas corpus. And it doesn’t get more dangerous than a government eager to throw it in the shredder under the excuse of “emergency.”
“Habeas corpus”—Latin for “you shall have the body”—is the legal bedrock of civilization. It’s the right to challenge your detention in court. It’s the thing standing between liberty and a secret prison. It’s the difference between rule of law and the rule of power. You don’t need a law degree to get it—if the state locks you up, you get to ask: “Why?”
Miller wants to take that away. Not from everyone, not all at once. Just from “them.” From the people labeled “invaders.” Because when you can convince enough Americans that “they” aren’t really “us,” it gets a lot easier to burn the rulebook without anyone noticing the smell.
This isn't new for Miller. He’s tried “migrant caravans.” He’s tried “shithole countries.” Now it’s “invasion.” And once again, he’s reaching for the same match: emergency powers.
*snip*