Trump Administration Considers Suspending Habeas Corpus for Migrants, Power Last Used in World War II Era

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Updated May 9, 2025, 08:03 PM

White House adviser Stephen Miller said the Trump administration is examining whether to suspend the writ of habeas corpus for migrants who entered the country illegally, a move that would allow detentions without court hearings. “The privilege of the writ of habeas corpus can be suspended in time of invasion, so it’s an option we’re actively looking at,” Miller told reporters, adding that any decision would depend on how the courts respond. Miller’s comments come days after a federal judge ruled the administration had not provided evidence of a foreign invasion to justify invoking the Alien Enemies Act for mass deportations. By citing the Constitution’s invasion clause, the White House is exploring an alternative legal basis to expand its detention authority as it seeks to accelerate removals and compel cooperation from so-called sanctuary cities. The power to suspend habeas corpus has been exercised only four times in U.S. history: during the Civil War, in South Carolina counties overrun by the Ku Klux Klan during Reconstruction, in two Philippine provinces amid a 1905 insurrection, and across Hawaii following the 1941 attack on Pearl Harbor. A new suspension would mark the first nationwide application in more than 80 years and immediately confront judicial scrutiny.

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