White House Deputy Chief of Staff Stephen Miller said the Trump Administration is “actively looking at” suspending the Writ of Habeas Corpus to combat “radical rogue judges” interfering with immigration matters.
“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 a time of invasion,” said Miller Friday during a press gaggle at the White House in response to Gateway Pundit reporter Jordan Conradson.
WATCH:
Stephen Miller says the White House is looking into suspending habeas corpus, which protects people from unlawful detentions: "A lot of it depends on whether the courts do the right thing or not." pic.twitter.com/AZLhFy79oZ
— CSPAN (@cspan) May 9, 2025
Transcript:
Conradson: President Trump has talked about potentially suspending Habeas Corpus to take care of the illegal immigration problem. When could we see that happen do you think?
Miller: Well, 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 a time of invasion. So, it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration Nationality Act, which stripped Article Three courts—that’s the judicial branch of jurisdiction over immigration cases.
So, Congress actually passed—it’s called jurisdiction stripping legislation—It passed a number of laws that say that the Article Three courts aren’t even allowed to be involved in immigration cases. Many of you probably don’t know this. I’ll give you a good example. Are you familiar with the term temporary protective status, or TPS? Right? So, by statute, the courts are stripped of jurisdiction from overruling a presidential determination or a secretarial determination on TPS when the Secretary of Homeland Security makes that determination.
So, when Secretary Noem terminated TPS for the illegals that Biden flew into the country, when courts stepped in, they were violating explicit language that Congress had enacted, saying they have no jurisdiction. So, it’s not just— 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 too. So all of that will inform the choices the president ultimately makes.
Habeas Corpus has roots in English common law, is latin for “that you have the body,” and is recognized in the Magna Carta.
Latin for “that you have the body.” In the US system, federal courts can use the writ of habeas corpus to determine if a state’s detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any extradition processes used, the amount of bail , and the jurisdiction of the court.
The habeas corpus first originated back in 1215, through the 39th clause of the Magna Carta signed by King John, which provided “No man shall be arrested or imprisoned…except by the lawful judgment of his peers and by the law of the land.”
Deeply rooted in the Anglo-American jurisprudence , the law of habeas corpus was adopted in the U.S. as well. James Madison, in 1789, argued for the adoption of the Bill of Rights , including Habeas Corpus. The fourth Chief Justice of the U.S. Supreme Court, Chief Justice Marshall, emphasized the importance of habeas corpus, writing in his decision in 1830, that the “great object” of the writ of habeas corpus “is the liberation of those who may be imprisoned without sufficient cause.” The U.S. Supreme Court has recognized that the “writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action” and must be “administered with the initiative and flexibility essential to ensure that miscarriages of justice within its reach are surfaced and corrected.
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