Mass deportations imminent? Donald Trump may suspend habeas corpus. Here’s what that means

White House deputy chief of staff Stephen Miller said that President Donald Trump is exploring ways to expand legal powers to deport illegal immigrants, including the extraordinary option of suspending habeas corpus—the constitutional right allowing people to challenge their detention.

“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,” Miller told reporters outside the White House on Friday. “So, I would say that’s an option we’re actively looking at.”

Aimed at illegal aliens

The move, if pursued, would target illegal immigrants as part of Trump’s wider crackdown at the US-Mexico border. Miller added, “Look, a lot of it depends on whether the courts do the right thing or not.”

Trump has repeatedly labeled surges of migrants as an “invasion”. In March, the president described an influx of Venezuelan gang members as an “invasion” and invoked the Alien Enemies Act of 1798 to fast-track deportations—a move that sparked significant legal challenges.

What is habeas corpus?

Habeas corpus is a legal principle that protects individuals from unlawful detention. The term is Latin for "you shall have the body," referring to the requirement that authorities must bring a detained person before a court to justify their imprisonment.

In the United States, habeas corpus is guaranteed by the Constitution but can be suspended only in cases of rebellion or invasion when public safety requires it. It serves as a safeguard against arbitrary imprisonment, ensuring that people cannot be detained indefinitely without legal justification.

Legal hurdles ahead

Any attempt to suspend habeas corpus would face immediate court challenges, particularly over whether migrant flows meet the constitutional standard of an “invasion.”

Federal judges have previously blocked Trump administration efforts to invoke wartime powers for mass deportations. Courts in New York, Colorado, Texas, and Pennsylvania have ruled against the use of the Alien Enemies Act, questioning both the factual basis of an invasion and the proportionality of the government’s response.