The deputy chief of staff of the White House for Politics Stephen Miller speaks to the media outside the White House in Washington, DC, USA, May 9, 2025.
Kent Nishimura | Reuters
The deputy chief of staff of the White House, Stephen Miller, said on Friday that the Trump government was the constitutional law, the legality of the prisoner of a person by the government – to “actively consider” for migrants.
Miller's comment came in response to a reporter of the White House, who asked about President Donald Trump, who entertained the idea to cope with the letter to the problem of illegal immigration to the United States.
When asked when this could happen, Miller replied: “The constitution is clear, and of course this is the highest law of the country that the privilege of the Habeas Corpus can be suspended during the invasion period.”
“So, I would say that is an option that we actively look at,” he said.
A number of pending civil cases that question immigrants without papers in the United States through the Trump government are based on Habas claims.
The Trump administration has the command of judges that blocked efforts to block immigrants, including suspected gang members, without legal proceedings.
Miller spoke hours after a federal judge in Vermont ordered the release of the Tuft University Rumeysa Öztürk from the care of the US immigration authorities.
Öztürk, who had been imprisoned for 45 days after the Trump government had revoked the student visa of the Turkish citizen based on an assessment that it could “undermine the US foreign policy by capturing an enemy environment for Jewish students and giving support for a certain terrorist organization”.
Öztürk questioned her detention with a petition for Habeas Corpus, in which it was found that “she was not charged because of the crime”, and the argumented that her “arrest and imprisonment punish her speech and chopped the speech of others”.
Miller said that Trump's decision as to whether the Habeas Corpus letter should be suspended “depends on whether the courts do the right thing or not”.
Miller implied that “the right one” for judges no longer blocked immigrants by the administration in cases where these people exercise habits letters.
The letter has only been suspended four times since the US constitution was ratified. And in all of these cases, the congress first approved the suspension.
The idea of Habeas Corpus comes from English habitual law.
“No one should be arrested or imprisoned … except for the lawful judgment of his colleagues and through the law of the country,” says a provision in the Magna Carta signed by King John in the early 13th century.
In Article 1, Section 9, the US constitution says: “The privilege of the Habeas Corpus is not suspended, unless public security can demand this in cases of rebellion or invasion.”
Miller's use of the word “invasion” reflects the argument of the Trump government that the USA is exposed to migrants without papers before an “invasion”.
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The government has also claimed that there is a national emergency from the influx of the fatal opioid fenanyl to the USA, which justifies the introduction of high tariffs in China, Canada and Mexico without prior approval by the congress.
Miller said that the congress had deprived the Federal Court of Justice on immigration cases with the law on immigration and nationality.
“The courts are not only in the war against the executive, the courts are in the war, these radical judges judges, also with the legislative,” said Miller.
“So all of this will inform the decisions that the president ultimately makes.”
The Supreme Court of Court of Amy Coney Barrett, in an essay that was written to the National Constitutional Center, found that the clause in the constitution, which deals with the possible suspension of the Habeas Corpus, “does not indicate which government branch has the authority to issue the privilege of the scripture”.
“But most agree that only the congress can do,” says the essay.
“President Abraham Lincoln has triggered controversy by suspending the privilege of himself during the civil war, but the congress largely triggered its powers of his authority by allowed a law that allowed suspension,” the article said.
“On every other occasion, the executive only proceeded after the first securing of the congress,” wrote Barrett and Katyal.
“The Habeas Corpus has been suspended four times since the ratified constitution: during the civil war during the civil war; in eleven South Carolina Counties, which was overrun by the Ku Klux, during an uprising from 1905, and in Hawaii after Pearl Harbor's bombing.”
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