Trump's Potential Move: Suspending Habeas Corpus for Illegally Residing Migrants
Administration of Trump poses threat to revoke fundamental liberties for migrants
Currently, even unlawfully residing migrants in the U.S. have rights - but for how long? The Trump administration is eyeing a shift that could threaten a cornerstone of Anglo-Saxon law. If this move goes ahead, these individuals might find themselves unable to protect themselves against detention.
In the wake of numerous migration-related lawsuits, the Trump administration seems open to stripping those affected of the right to sue. White House advisor, Stephen Miller, revealed that the President is contemplating suspending the "right to bodily freedom," as part of his hardline strategy against migrants. Miller hinted at the courts playing a crucial role in this decision, stating, "It all comes down to whether the courts do the right thing or not."
Referencing the so-called Habeas Corpus principle, Miller pointed out that it ensures everyone the right to challenge their detention or imprisonment if they deem it unjustified. Suspending the judicial review of detention legality is "an option we're actively considering," Miller disclosed, backing his claim with the US Constitution. According to Miller, the Constitution supports the power to suspend habeas corpus during times of invasion.
State of Emergency as Groundwork
Before the 2024 presidential election, Trump vowed a relentless stance on irregular migration and promised the largest deportation campaign in U.S. history. Immediately after taking office, he declared a state of emergency, acting as a springboard for subsequent measures.
Trump's strategy is divisive, often stumbling over legal hurdles. For instance, legal challenges arose in the dispute over deporting suspected Venezuelan gang members based on a centuries-old war law, with Trump arguing that there are too many illegal immigrants, warranting collective legal treatment [1][2]. Trump accuses federal judges that differ in opinion as obstructing his political agenda.
Sources:
- ntv.de, "Option under consideration" Trump administration threatens migrants with loss of fundamental rights
- researchers agree: US sliding towards autocracy - but how far?
- Miller's statement on habeas corpus
- US Constitution, Art. I, Sec. 9, Cl. 2
- historical examples of habeas corpus suspensions in the U.S. [online] Available at: https://www.aclu.org/other/military-commissions-and-habeas-corpus
Keywords:
- USA
- Migration
- Donald Trump
- Justice
- Human rights
- The Trump administration is contemplating suspending the "right to bodily freedom," a fundamental aspect of the Habeas Corpus principle, as part of their hardline strategy against illegally residing migrants, threatening a cornerstone of Anglo-Saxon law that ensures individuals the right to challenge their detention or imprisonment if deemed unjustified.
- Stephen Miller, a White House advisor, stated that suspending the judicial review of detention legality is "an option we're actively considering," citing the US Constitution as support, which allows the power to suspend habeas corpus during times of invasion.
- Trump’s strategy, if implemented, could strip unlawfully residing migrants of the right to sue and potentially lead to their inability to protect themselves against detention.
- Miller hinted at the courts playing a crucial role in this decision, stating, "It all comes down to whether the courts do the right thing or not."
- In the midst of numerous migration-related lawsuits, the Trump administration seems open to depriving those affected of protected rights, such as the right to sue, which could have far-reaching implications in the field of employment policies, community policies, and general-news discourse on migration, crime, and justice.
