Trump Administration Considers Suspension of Habeas Corpus

U.S. President Donald Trump’s administration is considering suspending the constitutional right of habeas corpus in an effort to address challenges in immigration policy. Habeas corpus guarantees individuals the right to challenge arbitrary detention in court. According to the Constitution, this right can only be suspended during "rebellion" or "invasion" under extraordinary circumstances.

Statement from Stephen Miller

White House Senior Adviser Stephen Miller stated on May 9, 2025, that the administration is "actively" reviewing the suspension of this right. Miller added that this move would support the administration's efforts to swiftly deport immigrants.

Seeking Legal Grounds Through the "Invasion" Concept

The Trump administration has argued that a criminal organization based in Venezuela poses a threat to the U.S., using this situation as a justification to suspend habeas corpus on the grounds of "invasion." However, federal courts have rejected these claims, asserting that the threat does not constitute an infringement of U.S. sovereignty and therefore does not warrant the suspension of constitutional rights.

Judicial Conflict Deepens

Courts continue to block the administration’s efforts to deport immigrants arbitrarily. For instance, the arbitrary detention of a student was found to be unlawful by a federal court, leading to their release.

Assessment

The suspension of habeas corpus is viewed as a violation of constitutional rights in the U.S. This development highlights the administration’s stance against judicial independence and its tough approach to immigration policy. The situation is likely to continue influencing the legal and political landscape in the U.S.