Another day, another massive controversy with Trump in the media.
Frankly, what day isn’t there a massive controversy?
That said, the latest controversy circulating about the “free” press is the apparent contemplation regarding the suspension of habeas corpus under the Trump administration.
In general, habeas corpus has been a longstanding principle within the American judicial system, but it is perhaps not the most ideal principle in the event of an veritable invasion.
Which is precisely why the White House is mulling the suspension of habeas corpus for illegal aliens.
As reported by Politico, White House Deputy Chief of Staff Stephen Miller has been rather clear about the need to address illegal migrants more aggressively.
“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 a time of invasion. o I would say it’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not,” Miller asserted.
Fair point.
In simple terms, habeas corpus requires for the government to justify the confinement of an individual, regardless of their citizenship status.
According to Cornell Law School, habeas corpus has been principally applied to “detainees.”
“A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person’s imprisonment or detention is lawful,” Cornell detailed.
That said, some Republicans are not convinced that the Trump administration will toy with habeas corpus just yet.
Including Republican Senator John 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,” Barrasso mused.
The Wyoming senator also noted that Trump had pledged to carefully follow the law.
“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,” Barrasso added.
That said, the DHS is surely mulling all the options that are potentially available.
As reported by The Hill, DHS Secretary Kirsti Noem noted that the suspension of habeas corpus may well be justified “in Cases of Rebellion or Invasion the public Safety may require it.”
“I’m not a constitutional lawyer, but I believe it does,” Noem added.
Will habeas corpus be suspended in the case of illegal migrants?
Time remains to tell, but it is rather clear that the Trump administration is mulling all (legal) options available.
Author: Ofelia Thornton
