THE INTERVIEW: Suspending Habeas Corpus for Immigrants Unconstitutional

The Trump administration’s consideration of suspending habeas corpus rights for undocumented immigrants has sparked significant constitutional concerns. White House Deputy Chief of Staff Stephen Miller has suggested that the current influx of migrants constitutes an “invasion,” a condition under which the Constitution permits the suspension of habeas corpus—a legal safeguard allowing individuals to challenge unlawful detention in court. However, legal experts argue that such a move would be unconstitutional. Jonathan Weinberg, Distinguished Professor of Law at Wayne State University, emphasized that the authority to suspend habeas corpus resides with Congress and is historically reserved for extreme circumstances like rebellion or invasion.