What is habeas corpus and why does Donald Trump want to suspend it | Explained
White House deputy chief of staff for policy Stephen Miller on Friday said that the Trump administration is ‘looking at’ suspending the writ of habeas corpus. His comments came in response to a reporter who asked about the president’s way of dealing with the problem of illegal immigration into the US.
White House Deputy Chief of Staff Stephen Miller(AFP)
Miller said, “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 time of invasion.”
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“So, I would say that’s an option we’re actively looking at,” he added. The White House official, however, noted that the decision depends ‘whether the courts do the right thing or not’.
This comes as the Trump administration has claimed that it will deport illegal immigrants, citing the influx of fentanyl into the country.
“The courts aren’t just at war with the executive branch, the courts are at war, these radical rogue judges, with the legislative branch as well,” Miller said. “So all of that will inform the choices the president ultimately makes.”
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What is Habeas corpus?
Habeas corpus, meaning “you shall have the body” in Latin, is a legal principle and court order that protects individuals from unlawful detention by requiring authorities to justify a person’s custody before a court. It ensures due process and safeguards against arbitrary imprisonment, as outlined in the US Constitution’s Suspension Clause (Article I, Section 9). A habeas corpus petition, filed in federal or state courts, challenges the legality of detention, excessive bail, or inhumane conditions, not the detainee’s guilt. Courts review whether detention violates laws or constitutional rights, potentially ordering release or modified conditions. Rooted in English common law and codified in the US by the Judiciary Act of 1789, habeas corpus can only be suspended during extreme circumstances, like rebellion. The 1996 AEDPA limits federal review of state convictions, requiring deference to state rulings unless clearly unreasonable.
