The writ of Habeas Corpus may be suspended in order to ensure illegals can continue to be deported, as the White House looks for ways to prevent activist judges from blocking Trump’s flagship mass-deportation policy.
“The Constitution is clear… that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Deputy Chief of Staff Stephen Miller said outside the White House on May 9.
“So it’s an option we’re actively looking at.”
Miller added that “a lot of it depends on whether the courts do the right thing or not.”
Federal judges in a number of different jurisdictions have attempted to restrict President Trump’s deportation policies, especially his use of the Alien Enemies Act of 1798 to expedite the deportation of individuals deemed to be “alien enemies.”
In the most recent judicial challenge to President Trump’s policies, US district judge Alvin Hellerstein issued an opinion disagreeing with the Trump administration’s classification of the Venezuelan gang Tren de Aragua as “alien enemies.” Hellerstein ruled that there is no evidence this group is engaged in an “invasion” of the US.
Although the Supreme Court has now intervened three times on Trump’s use of the Alien Enemies Act, the Court has not yet decided whether Trump has rightfully invoked it. The Court has, however, halted a number of deportations and argued that individuals being deported under the Act must receive notice they are subject to removal and have an opportunity to file for habeas relief.
The Alien Enemies Act has only been invoked four times in American history. The last time was during World War II, when it was invoked to allow the internment of Japanese citizens and Japanese-Americans.
If habeas corpus is suspended again, it would be the fifth time in American history. Habeas corpus was suspended during the Civil War, in certain states during Reconstruction, during the 1905 Philippines Insurrection and in Hawaii after the bombing of Pearl Harbour in 1941.