Stephen Miller, a senior White House advisor, has revealed that the Trump administration is considering expanding its powers to deport migrants by potentially suspending the constitutional right of habeas corpus. This measure would allow the government to detain individuals without judicial oversight, bypassing usual legal processes. Miller defended the move by citing the Constitution’s provision for suspending habeas corpus in cases of “invasion,” a term frequently used by President Trump to describe undocumented immigration.
This proposal is part of a broader strategy known as Project 2025, a conservative policy agenda that includes the creation of a new immigration agency to replace the Department of Homeland Security, significant cuts to refugee admissions, and increased processing fees for asylum seekers. Additionally, the plan suggests deputizing state and local law enforcement, including the National Guard, to enforce federal immigration laws, and establishing internment camps near the border for detained migrants.
The move has raised concerns among legal experts and civil rights advocates, who argue that suspending habeas corpus could violate fundamental constitutional protections and lead to significant human rights violations. Historically, the suspension of habeas corpus has only occurred in exceptional circumstances, such as wartime, and typically requires approval from Congress.