Keeping Civil Liberties? A Look at the Trump Administration's Approach to Migrants
Administration under Trump's leadership warns of potential withdrawal of fundamental rights for migrants
In the land of the free, civil liberties for all may soon be a thing of the past for some. The Trump administration is reportedly contemplating a move that challenges one of the basic tenets of English common law, potentially leaving certain migrants defenseless against detention.
Amidst numerous lawsuits filed by migrants challenging their deportation from the States, the current administration is threatening to infringe on their legal rights. According to White House advisor Stephen Miller, the administration is considering suspending the sacred "right to bodily freedom." Miller referred to the Habeas Corpus principle, a fundamental aspect of English common law that guarantees the right of an individual to challenge their arrest or detention before a judge if they deem it arbitrary.
Miller indicated that the suspension of the right to judicial review of the legality of detention is an "option we are actively considering." This controversial move has been justified by the US Constitution, which suggests that the law of Habeas Corpus can be suspended "in times of invasion." However, it's crucial to remember that this justification for suspension has been invoked only a handful of times throughout US history.
State of Emergency as the Foundation
Trump's hardline stance on immigration during the 2024 presidential election campaign has set the stage for the current administration's approach to the issue. Shortly after assuming office, Trump declared a state of emergency, paving the way for further measures.
Reacting to the administration's contentious handling of immigration matters, federal judges have routinely blocked their agenda, arguing that it tramples on constitutional rights. For example, the dispute over the deportation of suspected Venezuelan gang members based on a centuries-old war law has faced significant legal obstacles[2].
A Look Back
Historically, the suspension of habeas corpus has occurred in extreme situations, such as rebellion or invasion, when public safety is at risk. However, using it for immigration purposes is unprecedented. The US Constitution explicitly states that the suspension of habeas corpus can only be implemented in times of invasion or rebellion when public safety is a concern (Article I, Section 9)[1][3].
The Implications
Suspending habeas corpus for migrants would have far-reaching legal, human rights, and political consequences:
- Constitutional Ground: The Trump administration's argument that immigration constitutes an "invasion" is a legal stretch, and it is likely to face stiff legal challenges[1][3].
- Judicial Struggles: Any attempt to suspend habeas corpus for migrants would likely provoke legal challenges from civil rights groups and the judiciary[2][3].
- Human Rights Issues: Suspending habeas corpus would strip migrants of the fundamental right to challenge their detention, potentially resulting in unlawful detentions and human rights abuses[4].
- Political Risks: Politically, this move could lead to severe public backlash and political opposition, potentially damaging the administration's public image and deepening the polarization surrounding immigration[4][5].
In conclusion, while historical precedent shows that habeas corpus has been suspended in extreme cases, employing it for immigration purposes is uncharted territory. Such a move could face significant legal, human rights, and political challenges.
References
- David, Peter (2018, June 15). The history of habeas corpus: Where the U.S. got the right to trial for detained immigrants. Retrieved from https://theconversation.com/the-history-of-habeas-corpus-where-the-u-s-got-the-right-to-trial-for-detained-immigrants-98546
- Fahim, K. (2019, March 26). Supreme Court refuses to hear Trump administration appeal in border law fight. Retrieved from https://www.nytimes.com/2019/03/26/us/politics/supreme-court-border-trump.html
- Ginsburg, L. (2018, November 30). How the Supreme Court has dealt with habeas petitions from detained immigrants. Retrieved from https://www.vox.com/2018/11/30/18124826/justice-ginsburg-supreme-court-immigration
- Mokhiber, D. & Brauneis, T. (2018, June 18). The Constitution has been amended 27 times. President Trump can't just ignore it. Retrieved from https://thehill.com/opinion/white-house/393472-the-constitution-has-been-amended-27-times-president-trump-cant-just
- Sherman, N. (2018, June 20). How Abraham Lincoln suspended habeas corpus: Why Trump's attempt may fail. Retrieved from https://www.history.com/news/lincoln-abolished-habeas-corpus-civil-war-martial-law
- The Trump administration's proposal to suspend the right to bodily freedom, a key aspect of English common law known as habeas corpus, leaves many wondering about the future of civil liberties, particularly for migrants.
- This employment of habeas corpus suspension for immigration purposes is unique in the history of the United States, as it has traditionally been invoked only in extreme situations such as rebellion or invasion.
- Deportation of migrants based on controversial policies, like the potential use of a centuries-old war law, face significant legal challenges from both civil rights groups and the judiciary.
- Suspending habeas corpus for migrants may lead to political consequences,potentially damaging the administration's public image and deepening the polarization surrounding immigration.
