Trump Eyes Suspension of Habeas Corpus—One of the Most Fundamental Rights
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DOGE v. The Constitution
🔴 UPDATE: May 9, 2025
Trump Administration Considers Suspending Habeas Corpus to Ram Through Mass Deportations
They just said the quiet part out loud.
Stephen Miller, Trump’s chief policy enforcer, told reporters Friday that the administration is “actively looking at” suspending the writ of habeas corpus—the bedrock legal right that protects Americans from unlawful detention. Why? Because judges keep trying to enforce the Constitution.
Key Developments:
Stephen Miller announced the administration is weighing the suspension of habeas corpus—saying the Constitution allows it in times of “invasion,” and that “a lot of it depends on whether the courts do the right thing.”
Source: The GuardianMiller labeled recent court rulings blocking deportations as part of a “judicial coup” and attacked judges for allegedly undermining both the executive and legislative branches.
Source: AxiosThe Trump administration has invoked the Alien Enemies Act to remove migrants without hearings, now citing a supposed “invasion” by Venezuelan gang Tren de Aragua to justify shredding due process altogether.
Source: NewsweekOnly Congress has the power to suspend habeas corpus—and only in times of rebellion or invasion. Even Lincoln’s Civil War-era suspension was retroactively approved by Congress after he ignored a court ruling.
Source: Newsweek
The Real Story: Who Wins and Who Pays the Price?
This is about power—raw, unchecked power. By trying to suspend habeas corpus, Trump is looking to crush the last line of legal defense standing between the regime and millions of people it wants to disappear without trial.
Who wins?
The authoritarians who see courts as a nuisance and want deportation by decree.
Who pays?
Everyone who believes they have a right to due process. This isn’t just about immigrants. This is about whether any of us are safe when the regime decides we’re next.
🔍 Why This Matters:
This would be the sixth time in U.S. history that habeas corpus is suspended—and the first under the pretense of an “immigration invasion.” If Trump pulls this off, every American’s freedom is on borrowed time. The Constitution does not become optional when the president doesn’t like what the courts say.
🚨 The Bottom Line:
They are laying the legal groundwork for authoritarianism—plain and simple. This isn’t a policy debate. It’s a warning. If they can suspend habeas corpus for immigrants today, they can do it to protesters, journalists, or anyone else tomorrow.
This is not a drill. The rule of law is on life support—and they’re ready to pull the plug.
📌Sources:
The Guardian: Trump administration mulling end to habeas corpus, legal right to challenge one’s detention
Axios: White House considering suspending habeas corpus, Stephen Miller says
Newsweek: Stephen Miller Floats Suspending Habeas Corpus to Expand Deportation Powers
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Americans need to understand what habeas corpus is & that it applies to everyone. But I'm sure there are many who won't figure that out until they need it. Seems like we always have to learn the hard way. :(
To many words, they are counting on it. That turns people off and it goes into the ignore tank. Everybody's idea is to show the plight of migrants and the rotten stuff trumps brown shirts (ice) are doing. That's good and valid, but it shifts the idea they can be next away from then. We need a discussion about things and a focus on just what Americans are loosing and how much worse it will get to get citizens to react.