Stephen Miller: White House “Actively Looking At” SUSPENDING Habeas Corpus

Whoa…

Stephen Miller just said that the Trump administration is considering suspending habeas corpus — a.k.a, due process — to facilitate deportations of illegal immigrants.

“The Constitution is clear, and that, of course, is the supreme law of the land,” Miller responded to a reporter’s question, “that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at.”

He went on to note that the decision will ultimately depend on “whether the courts do the right thing or not.”

In other words, President Trump could suspend habeas corpus if rogue, activist judges continue to overstep their bounds and fight him at every opportunity on immigration matters.

Watch what Miller had to say here:

Stephen Miller says the White House is looking into suspending habeas corpus, which protects people from unlawful detentions: "A lot of it depends on whether the courts do the right thing or not." pic.twitter.com/AZLhFy79oZ

— CSPAN (@cspan) May 9, 2025

Full video on Rumble:

For those who prefer to read, here’s a transcript:

Conradson: President Trump has talked about potentially suspending Habeas Corpus to take care of the illegal immigration problem. When could we see that happen do you think?

Miller: Well, 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. So, it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration Nationality Act, which stripped Article Three courts—that’s the judicial branch of jurisdiction over immigration cases.

So, Congress actually passed—it’s called jurisdiction stripping legislation—It passed a number of laws that say that the Article Three courts aren’t even allowed to be involved in immigration cases. Many of you probably don’t know this. I’ll give you a good example. Are you familiar with the term temporary protective status, or TPS? Right? So, by statute, the courts are stripped of jurisdiction from overruling a presidential determination or a secretarial determination on TPS when the Secretary of Homeland Security makes that determination.

So, when Secretary Noem terminated TPS for the illegals that Biden flew into the country, when courts stepped in, they were violating explicit language that Congress had enacted, saying they have no jurisdiction. So, it’s not just— the courts aren’t just at war with the executive branch. The courts are at war, these radical rogue judges, with the legislative branch as well too. So all of that will inform the choices the president ultimately makes.

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Habeas corpus is, of course, the constitutional provision that prevents a person from being unlawfully detained.

Grok explained:

Habeas corpus is a legal principle that protects individuals from unlawful detention. It’s a court order requiring authorities to bring a detained person before a judge to determine if their imprisonment is lawful. Latin for “you shall have the body,” it ensures no one is held without just cause, safeguarding against arbitrary arrests. Originating in English common law, it’s a cornerstone of due process in many legal systems, including the U.S., where it’s enshrined in the Constitution (Article I, Section 9). It can be suspended only in extreme cases, like during rebellion or invasion.

Per ABC News:

The Constitution allows for the suspension of habeas corpus in extraordinary circumstances such as an invasion or rebellion when it would be necessary to protect public safety.

According to the National Constitution Center, the United States has suspended habeas corpus four times in the past — during the Civil War, during Reconstruction in South Carolina, in the Philippines during a 1905 insurrection, and in Hawaii in 1941 after Pearl Harbor was bombed by Japan during World War II.

Miller justified the potential suspension of habeas corpus by arguing the United States is currently facing a national security threat by undocumented migrants “invading” the United States.

A similar rationale was used by Trump in March to invoke the Alien Enemies Act — a law that would allow the speedy deportation of noncitizens with little to no due process — to remove alleged members of the Venezuelan gang Tren de Aragua.