Legal experts and Democrats have expressed growing concerns over the weekend. They fear the Trump administration is considering suspending habeas corpus without approval from Congress. This bedrock legal right has long been a safeguard for individuals facing detention in the U.S.
Habeas corpus guarantees that anyone detained has the right to appear before a judge. They can challenge the evidence against them and defend themselves. The principle is rooted deeply in U.S. law, dating back centuries.
However, White House Deputy Chief of Staff Stephen Miller has downplayed its importance. He suggested that the administration could unilaterally suspend habeas corpus. On Friday, Miller told reporters, “That’s an option we’re actively looking at.”
Experts have strongly criticized Miller’s statement. Steve Vladeck, a constitutional law professor at Georgetown University, called the comment “factually and legally nuts.” He said these remarks are the “most remarkable and remarkably scary comments” about federal courts from a senior White House official.
In addition, several legal scholars have pointed out that suspending habeas corpus cannot be done unilaterally by the president. They emphasize that only Congress holds this power. Article 1 of the Constitution states, “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Moreover, Republicans have largely avoided addressing Miller’s threat. Meanwhile, Democrats argue that the Trump administration’s actions undermine the judicial branch. They warn that bypassing legal safeguards could dangerously increase presidential power.
“The one power you cannot give the executive is the power to arbitrarily imprison people,” Senator Chris Murphy, D-Conn., stated at a rally in Florida. He added, “Today it may be an immigrant or a foreign student, but tomorrow, it could be any one of us.” Murphy warned that the slope to despotism could be both slippery and quick.
Furthermore, President Trump has reportedly been involved in discussions about suspending habeas corpus. On April 30, he referenced this option during a statement. He said, “There are ways to mitigate it, and there’s some very strong ways.”
Historically, presidents like Abraham Lincoln and Franklin D. Roosevelt suspended habeas corpus during critical national crises. However, recent Supreme Court rulings and decisions by federal judges have confirmed that detained individuals, including migrants, have the right to see a judge. Despite this, both Trump and Miller have strongly criticized these rulings.
In response to these judicial decisions, Miller referred to the judges involved as “a handful of Marxist judges” carrying out a “judicial coup.” He warned that suspending habeas corpus unilaterally would depend on whether the courts “do the right thing.”
In contrast, legal scholars like Ilya Somin, a professor at George Mason University, argue that the president does not have this authority. Somin explained, “Habeas corpus can only be suspended under the Constitution during times of invasion or insurrection.” He added, “None of that is happening now.”
Somin and Jonathan Adler, a law professor at Case Western Reserve University, pointed to a 2004 Supreme Court ruling. The court concluded that only Congress has the power to suspend habeas corpus.
Similarly, Supreme Court Justice Sandra Day O’Connor emphasized that habeas corpus is a “critical check” on executive power. O’Connor noted that only in the rarest of circumstances has Congress ever suspended the writ.
Justice Antonin Scalia also agreed with O’Connor, arguing that even in times of rebellion, the executive branch cannot detain citizens without charge. Scalia added that military necessity has never been enough to justify detention without charge.
Stephen Gillers, a legal ethics professor at NYU, believes Trump and Miller are working to discredit judges. Gillers noted, “Denial of habeas corpus jurisdiction for immigrants is an attempt to sideline the courts.” He warned that this could further concentrate power in the executive branch, bypassing checks and balances.
In conclusion, the Trump administration’s discussions about suspending habeas corpus have raised significant legal and ethical concerns. Legal experts and politicians alike argue that this move could dangerously shift the balance of power and undermine the very foundation of American justice.
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