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2025-05-10 Home Front: Politix
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Trump looking to suspend key Constitutional right as judges hamper his mass deportations plans
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| If he can move the Overton Window merely by saying a few words… |
[Daily Mail, whee America gets its news] President Donald Trump is looking at suspending habeas corpus, the right of a person to challenge their detention in court, as part of his sweeping immigration crackdown.
'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,' White House deputy chief of staff Stephen Miller told reporters.
'So it's an option we're actively looking at,' Miller said. 'A lot of it depends on whether the courts do the right thing or not.'
Trump campaigned for the White House on a pledge to deport millions of undocumented migrants and has repeatedly referred to their presence in the United States as an 'invasion.'
Since taking office in January, Trump has been seeking to step up deportations, but his efforts have met with pushback from multiple federal courts which have insisted that migrants targeted for removal receive due process.
Although Trump has not mentioned habeas corpus explicitly in public, last month he commented on steps he could take to combat nationwide injunctions against his actions on deportations.
'There are ways to mitigate it and there's some very strong ways,' Trump told reporters on April 30.
'There's one way that's been used by three very highly respected presidents, but we hope we don't have to go that route. But there is one way used successfully by three presidents – all highly respected – and hopefully we don't have to go that way but there are ways of mitigating it.'
One former federal prosecutor told CNN that Miller has the wrong idea about suspending habeas corpus.
'Essentially everything Miller says about suspending habeas corpus – which would eliminate the ability of the courts to rule on immigration matters – is wrong,' said Elie Honig, now a CNN senior legal analyst.
'The Constitution makes clear that suspension of habeas corpus is to be reserved for actual rebellion or invasion posing the most dire threats to public safety. And Congress has never passed a law authorizing deportations without any court involvement, as Miller suggests.'
Among other measures, Trump has invoked an obscure wartime law in March to summarily deport hundreds of alleged Venezuelan gang members to a prison in El Salvador.
Several federal courts have blocked further deportations using the 1798 Alien Enemies Act and the Supreme Court also weighed in, saying migrants subject to deportation under the AEA must be given an opportunity to legally challenge their removal in court.
The AEA was last used to round up Japanese-Americans during World War II and was previously invoked during the War of 1812 and World War I.
Many judges, including one appointed by Trump, have rejected the invocation of the AEA, stating in rulings how the administration had not shown the United States to be under invasion by a hostile foreign power, as laid out under the 18th century statute.
Suspending habeas corpus could potentially allow the administration to dispense with individual removal proceedings and speed up deportations, but the move would almost certainly be met with stiff legal challenges and end up in the Supreme Court.
It has been suspended only rarely in US history, most notably by president Abraham Lincoln during the 1861-1865 Civil War and in Hawaii after the December 1941 Japanese attack on Pearl Harbor.
In March, the US government deported more than 200 Venezuelan immigrants alleged to have ties to the Tren de Aragua gang to El Salvador, paying the Salvadoran government to imprison them.
Since then, they have had no access to lawyers or ability to communicate with their families. Neither the US nor Salvadoran governments have said how the men could eventually regain their freedom.
The Republican president has touted his immigration crackdown as he marked his 100th day in office last week.
Trump won the White House election last November in large part on promises to combat what he repeatedly claimed is an invasion of criminal migrants.
Trump has sent troops to the Mexican border, imposed tariffs on Mexico and Canada for allegedly not doing enough to stop illegal crossings, and designated gangs like TdA and MS-13 as terrorist groups.
In March Trump invoked the little-known Alien Enemies Act and flew two planeloads of alleged Tren de Aragua members to El Salvador's notorious maximum security CECOT prison.
In a proclamation, Trump said Tren de Aragua was engaged in 'hostile actions' and 'threatening an invasion or predatory incursion against the territory of the United States,' adding that Venezuela's Nicolas Maduro was pulling the strings.
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Posted by Skidmark 2025-05-10 00:39||
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12:22 Abu Uluque
12:19 Abu Uluque
12:17 Abu Uluque
12:17 Skidmark
12:15 Abu Uluque
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12:01 Crusader
11:55 Grom the Affective
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10:58 alanc
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09:27 Warthog
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08:52 Matt
08:24 Matt
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