White House deputy chief of staff Stephen Miller told reporters Friday that President Donald Trump and his staff are “actively looking at” suspending habeas corpus as part of the administration’s crackdown on illegal immigration.
A writ of habeas corpus forces authorities to justify a person’s confinement, and has been a big part of illegal migrants’ responses to looming deportations under the Alien Enemies Act. A president does have the power to suspend the writ, but can only do so for public safety purposes during times of open rebellion or invasion.
A writ of habeas corpus compels authorities to produce an individual they are holding and to justify their confinement.
