Trump Administration Considered Suspending Habeas Corpus, Report Says

White House Deputy Chief of Staff Stephen Miller proposed suspending the writ of habeas corpus to facilitate mass deportations, but the idea was ultimately rejected because of legal concerns, Jacob Sullum reported for Reason.

Critics argue that the Constitution does not permit a president to suspend habeas corpus by executive action alone.

Miller argued in May 2025 that illegal immigration constituted an "invasion" and said the Trump administration was actively considering suspending habeas corpus as part of its deportation efforts.

According to a report by The New York Times, Miller's comments reflected a serious internal debate over whether the administration could bypass the longstanding legal principle that detainees have the right to challenge their detention in court.

The proposal was ultimately rejected after objections from White House Staff Secretary Will Scharf, a conservative attorney who argued that the move lacked legal justification.

Miller contended that allowing detainees to seek judicial review complicated efforts to remove undocumented immigrants from the country.

However, critics argued that the Constitution does not permit a president to suspend habeas corpus by executive action alone.

Just one month before Miller's remarks, the US Supreme Court unanimously ruled that alleged Venezuelan gang members detained under the Alien Enemies Act had a due process right to file habeas corpus petitions in the judicial district where they were being held.

Foreign students also used habeas corpus petitions to challenge government claims that they were subject to removal because their political views allegedly conflicted with US foreign policy interests.

"The Constitution is clear," Miller said.