Top Trump adviser suggests White House could suspend habeas corpus to deport migrants
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PBS NewsHour
4.1 • 1K Ratings
🗓️ 9 May 2025
⏱️ 4 minutes
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| 0:00.8 | Today, the Trump administration again escalated at spite with the courts. |
| 0:05.2 | In stunning remarks to reporters this afternoon, White House Deputy Chief of Staff Stephen |
| 0:09.5 | Miller said the administration is considering suspending habeas corpus. |
| 0:14.3 | Habeas petitions give people the right to contest unlawful detentions. |
| 0:20.0 | Well, the Constitution is clear, and that of of course, is the supreme law of the land, |
| 0:24.2 | that the privilege of the writ of habeas corpus can be suspended in a time of invasion. |
| 0:29.9 | So I would say that's an option we're actively looking at. |
| 0:32.5 | Look, a lot of it depends on whether the courts do the right thing or not. |
| 0:36.2 | The courts aren't just at war with the executive |
| 0:38.3 | branch. The courts are at war, these radical rogue judges, with the legislative branch as well too. |
| 0:44.3 | Miller's comments come as judges across the country have blocked major parts of President Trump's |
| 0:49.3 | immigration agenda, including ordering that some students being targeted for deportation by the administration |
| 0:54.9 | be released from detention. Our White House correspondent, Laura Barone Lopez, joins us now for the |
| 1:00.1 | latest. So, Laura, can the president do this, as Miller is suggesting? So habeas is the most |
| 1:06.2 | basic entitlement to judicial review of unlawful detention, as you noted, Jeff. And essentially, |
| 1:13.3 | I spoke to Steve Lattuck, the constitutional law scholar, who said that habeas is so fundamental |
| 1:17.8 | that it is a right that is in the original constitution under Article 1, and that the overwhelming |
| 1:23.2 | consensus is that it's long been that only Congress can suspend habeas corpus. The only other time |
| 1:30.6 | that a president has essentially done this is when it appears as though Congress is not in session. |
| 1:37.1 | President Lincoln did this when Congress was not in session at the beginning of the Civil War, |
| 1:41.1 | but then Congress later authorized the ability to suspend habeas. |
| 1:44.9 | Another constitutional law expert I spoke to said that this is significant because without |
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