The WH says Trump is considering suspending habeas corpus. What would that mean?

[mystery-ak]

The WH says Trump is considering suspending habeas corpus. What would that mean?

The move to expel migrants would curtail a constitutional right to due process.
ByKelsey Walsh, Peter Charalambous, and Steven Portnoy
May 9, 2025, 5:14 PM

White House deputy chief of staff Stephen Miller said Friday that the Trump administration is "actively looking at" suspending habeas corpus, the right of a person to challenge their detention in court.

If carried out by President Donald Trump, the suspension of habeas corpus would be a dramatic escalation of his administration's immigration policy by significantly curtailing a right enshrined in the Constitution.

"First, you know, President Trump has talked about potentially suspending habeas corpus to take care of the illegal immigration problem. When could we see that happen in the future?" a reporter asked Miller as he spoke outside the White House.

"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 time of invasion," Miller answered.

"So, it's an option we're actively looking at," he continued.

more
https://abcnews.go.com/Politics/wh-trump-suspending-habeas-corpus/story?id=121653587

[MeganC]

Good. Twenty million invaders do not deserve due process.

[The_Reader_David]

I know, they're going to claim that lost of folks from other countries coming unbidden and without normal legal niceties constitutes an invasion.  If the SCOTUS agrees, I suppose they can do it, and tough luck on any citizen or legal immigrant who gets caught in an ICE sweep and doesn't have his papers with him.

They're creating a situation in which totalitarian style "Papers please" will effectively be imposed on us on the plea of needing to deport all the illegal aliens (which shouldn't be necessary since making it impossible for them to work or get social benefits would result in the vast majority of them leaving voluntarily.) 

[The_Reader_David]

Good. Twenty million invaders do not deserve due process.

That's as it may be, but people falsely accused of being among the 20 million invaders do, and it is rather hard for them to get it if habeas corpus has been suspended.  And even the "20 million invaders" should be subject to deportation to their country of origin, not to a third country that will imprison them, since that is what the law provide be done for foreigners illegally in the US.

[Fishrrman]

Well, if suspending habeas corpus was good enough for ol' Abe...

(Agree with Megan. Send them back, no habeus necessary)

[roamer_1]

The ACT of determining that they ARE illegal aliens IS habeus corpus. Who they are, their country of origin, if/when green card status... How do you suspend that?

[MeganC]

Well, if suspending habeas corpus was good enough for ol' Abe...

(Agree with Megan. Send them back, no habeus necessary)

Exactly. Just the same as Ukraine isn't giving any rights to the Russian invaders. GTFO is their only option.

[bigheadfred]

The ACT of determining that they ARE illegal aliens IS habeus corpus. Who they are, their country of origin, if/when green card status... How do you suspend that?

Not really. It is "a writ requiring a person under arrest to be brought before a judge or into court".

Detain them. Poke em with a cattle prod a few dozen times to determine the data points. Then ship their ass out.

[Weird Tolkienish Figure]

How can you suspend it on some, without suspending it on all of us exactly? This would allow ICE agents to act as judge and jury basically.

[MeganC]

How can you suspend it on some, without suspending it on all of us exactly? This would allow ICE agents to act as judge and jury basically.

If they entered the country illegally then out they go! Bye! 

[Weird Tolkienish Figure]

If they entered the country illegally then out they go! Bye! 

And how would you know they entered the country illegally?

[Lando Lincoln]

Normally, I’d say this is a bad idea politically. In today’s up is down world?  Not sure.

[DCPatriot]

Normally, I’d say this is a bad idea politically. In today’s up is down world?  Not sure.

Depends if written history reflects a sanctioned invasion by a Democrat Administration whose goal was to provide them amnesty to attain illegitimate government power.

[the OlLine Rebel]

I know, they're going to claim that lost of folks from other countries coming unbidden and without normal legal niceties constitutes an invasion.  If the SCOTUS agrees, I suppose they can do it, and tough luck on any citizen or legal immigrant who gets caught in an ICE sweep and doesn't have his papers with him.

They're creating a situation in which totalitarian style "Papers please" will effectively be imposed on us on the plea of needing to deport all the illegal aliens (which shouldn't be necessary since making it impossible for them to work or get social benefits would result in the vast majority of them leaving voluntarily.)

I'd agree with you.

As far as "due process", again, both libs and conservs need to understand what that means.  I do not think it means "you get a long-winded far away court date with all the trimmings".  It's supposed to already exist, and it can be very quick.

Truth is, Trump is some form of fascist, whether he or fanboys think so or not.

And most of this would likely have to be done, drum-roll....via EO yet again - a faux paper tiger of rule, and a form of tyranny - which can be easily scuttled by the next Biden, anyway.

We're proving to be little better than libs are as far as when something is OK or not, the last few years...

[Lando Lincoln]

Depends if written history reflects a sanctioned invasion by a Democrat Administration whose goal was to provide them amnesty to attain illegitimate government power.

Exactly right. The contemporary media and the yip-yip-yappers on the Left would (try to) eviscerate the President but nothing new there.

[Sighlass]

How can you suspend it on some, without suspending it on all of us exactly? This would allow ICE agents to act as judge and jury basically.

That is the correct question to ask. It would allow all law enforcement to act as Judge and Jury? Or can it be narrowed down to just illegals? Then it posses the mouse trap that illegals had a right to contest their LEGAL deportation.... something I think is Bull Hockey...

[MeganC]

And how would you know they entered the country illegally?

No record at a port of entry. That's how.

[Wingnut]

Forget habeas corpus I say we ditch Corpus delicti!

[The_Reader_David]

No record at a port of entry. That's how.

Citizens have no record at a port of entry, so we're back to my point that this would create a totalitarian "Papers please" situation for everyone, citizen, green card holder, visa holder, and illegal alien alike.

[Weird Tolkienish Figure]

Citizens have no record at a port of entry, so we're back to my point that this would create a totalitarian "Papers please" situation for everyone, citizen, green card holder, visa holder, and illegal alien alike.

Agree although, I think if you've ever travelled out of the country, there is a record, a passport stamp I guess? Of course, not everyone leaves the country. Point still stands though.

[mystery-ak]

Barrasso: Habeas Corpus Won’t Become an Issue

Senator John Barrasso (R-WY) said Sunday on CNN’s “State of the Union” that he did not expect habeas corpus to become an issue lawmakers must consider.

Partial transcript as follows:

    KRISTEN WELKER: All right. Finally, Senator, I want to talk about something that one of President Trump’s top aides, Stephen Miller, said this week. He said the administration is “actively looking” at suspending habeas corpus. Just for our audience, that’s the right to challenge a person’s detention by the government. This would be a part of the broader efforts to speed up their deportation policies. The Constitution says that habeas corpus may not be suspended, quote, “Unless when in cases of rebellion or invasion.” Would you vote to suspend habeas corpus, since the power does ultimately lie with Congress?

    BARRASSO: The President has said he will follow the law. The President says if he disagrees with the law that he will appeal those things. The President was elected and he won every one of the battleground states on promising to secure the border and bring safety back to our communities. That’s exactly what he is doing. People do not want to live with MS-13 gang members in their communities. The Democrats lost the election because they opened the borders to ten million illegal immigrants, including members of criminal cartels, drug dealers, gang members. That’s what the election was about. And the President is now seeing radical district judges using their courts to set national standards, making it harder for the President to deport individuals, criminals, and I stand with the President.

    WELKER: And yet, Senator, just to put a fine point on it, so I want to know what you would do. Would you vote to suspend habeas corpus if this were brought before Congress? Ultimately, this power lies with Congress.

    BARRASSO: The President said he is going to follow the law. He was on with you last week. He said he has great respect for the Supreme Court. He said he expects the Attorney General to do the right thing. And I expect that the President will.

    WELKER: Can you just give me a yes or no? What would you do, though? Would you support suspending habeas corpus?

    BARRASSO: I don’t believe this is going to come to Congress. What I believe is the President is going to follow the law. He has said it repeatedly.

https://www.breitbart.com/clips/2025/05/11/barrasso-habeas-corpus-wont-become-an-issue/

[DCPatriot]

Exactly right. The contemporary media and the yip-yip-yappers on the Left would (try to) eviscerate the President but nothing new there.

https://x.com/DC_Draino/status/1921635503037722895

LOL!  We're on our way, @Lando Lincoln   A good start!

[Hoodat]

Once again, Trump (or the White House) issues some wacky statement, and the entire world goes ballistic.  Typical Trump.  Keep everyone off balance.

Let me know what Trump actually does, not what someone else says.

[Smokin Joe]

I know, they're going to claim that lost of folks from other countries coming unbidden and without normal legal niceties constitutes an invasion.  If the SCOTUS agrees, I suppose they can do it, and tough luck on any citizen or legal immigrant who gets caught in an ICE sweep and doesn't have his papers with him.

They're creating a situation in which totalitarian style "Papers please" will effectively be imposed on us on the plea of needing to deport all the illegal aliens (which shouldn't be necessary since making it impossible for them to work or get social benefits would result in the vast majority of them leaving voluntarily.)

Another president did this.

Among those incarcerated at Ft. McHenry was Francis Scott Key's grandson.

The POTUS? Abraham Lincoln.