"Reconsidering Civil Liberties" Trump Administration Mulls Migrant Detention Powers
Administration of Trump direly warns migrants, potentially revoking their fundamental entitlements
Hey there! Here's the lowdown on a heated debate brewing in the Trump administration. The topic? What if migrants with questionable legal status lose their civil rights to challenge their detention?
In the thick of a host of legal disagreements surrounding migrants' deportation, the administration's considering a bold move—the suspension of one of the cornerstones of Anglo-Saxon law: the right to challenge arrest or detention if deemed arbitrary. Yep, you heard it right!
Advisor Stephen Miller hinted at this plan, referencing the Habeas Corpus principle, a bedrock of Anglo-Saxon law that ensures everyone has the ability to seek legal recourse when they feel detained unjustly. Suspending judicial review of detention's legality is reportedly under serious contemplation, according to Miller. Exciting stuff, huh?
So, what's the rationale behind this radical shift? Well, the Constitution, apparently, offers grounds for it. It clearly outlines that under certain perilous circumstances, like an invasion, the law of Habeas Corpus can be put on ice. But here's the kicker: in U.S. history, it's only been suspended four times—during the Civil War, Reconstruction in South Carolina, a rebellion in the Philippines back in 1905, and post-Pearl Harbor in Hawaii in 1941.
But wait, there's more! Before the 2024 election, Trump promised a fierce crackdown on unlawful immigration, including the biggest deportation campaign in U.S. history. Just weeks after taking office, he declared a state of emergency to pave the way for further measures.
However, Trump's approach is anything but popular. It's constantly tripping up on legal roadblocks, like the dispute over the removal of suspected Venezuelan gang members based on a centuries-old war law. Trump believes there are simply too many illegal immigrants around for every individual case to get the attention it requires. As a result, he argues those in question should be considered together legally. Harsh, huh?
Sources: ntv.de, ino/AFP
- USA
- Migration
- Donald Trump
- Judiciary
- Human Rights
Extra Tidbits:
- Legal Limitations: Critics argue that framing immigration as an invasion is an overreach of the constitutional clause, likely leading to an infringement of constitutional rights and due process[1][2][4].
- Past Suspensions: Historically, habeas corpus has been suspended in the U.S. just four times: during the Civil War, Reconstruction in South Carolina, the 1905 Philippine insurrection, and after Hawaii's Pearl Harbor in 1941[1].
- The Trump administration is considering suspending migrants' right to challenge their detention, a fundamental aspect of Anglo-Saxon law known as Habeas Corpus.
- Stephen Miller, an advisor to Trump, hinted at this plan, citing the Constitution as grounds for the suspension, especially under perilous circumstances like an invasion or emergency.
- This move has sparked controversy, with critics arguing it could lead to infringements of constitutional rights and due process.
- In a WhatsApp group dedicated to general-news and politics, many participants are discussing the employment policy implications of this proposed change in community policy regarding migrant deportation.
