logo
Trump administration considering suspending habeas corpus

Trump administration considering suspending habeas corpus

BBC News10-05-2025
Donald Trump's administration is "actively looking at" suspending habeas corpus - the right of a person to challenge their detention in court - one of the US president's top aides has said.Stephen Miller, the White House deputy chief of staff, told reporters on Friday that the US Constitution allowed for the legal liberty to be suspended in times of "rebellion or invasion".His comments come as judges have sought to challenge some recent detentions made by the Trump administration in an effort to combat illegal immigration, as well as remove dissenting foreign students."A lot of it depends on whether the courts do the right thing or not," Miller said.
There are several pending civil cases against the Trump administration's deportation of undocumented migrants based on habeaus corpus. Most recently, a federal judge ordered the release of a Turkish university student who had been detained for six weeks after writing an article that was critical of Israel.Last week, another judge ordered a Columbia University student detained over his advocacy for Palestinians be released after a petition on habeas corpus grounds.However, other judges have sided with the Trump administration in such disputes.Miller described habeas corpus as a "privilege", and said Congress had already passed a law stripping judicial courts of jurisdiction over immigration cases.Legal experts have questioned the veracity of his interpretation of US law.One of Trump's key campaign pledges was to deport millions of immigrants from the US, and his administration has pursued different means of expediting deportations since returning to the White House. In March, a federal judge's order prevented the Trump administration from invoking a centuries-old wartime law to justify deporting more than 200 Venezuelans, despite the flights going ahead.But deportations have lagged behind detentions - while one person has been deported erroneously.Trump's first 100 days in officeCNN reported, citing unnamed sources, that Trump was personally involved in the discussions around suspending habeas corpus.Trump himself has not mentioned the suspension of habeas corpus, but has said he would take steps to combat injunctions against his actions on deportation. Listen: The President's Path: Doubling Down on Deportations"There are ways to mitigate it and there's some very strong ways," he said in April. "There's one way that's been used by three very highly respected presidents, but we hope we don't have to go that route."Habeas corpus - which literally means "you should have the body" - allows for a person to be brought before a judge so the legality of their detention can be decided by a judge.The legal right has been suspended four times in US history: during the American Civil War under Abraham Lincoln, in Hawaii following the 1941 Japanese bombing of Pearl Harbour, in the Philippines during US ownership in 1905, and while combat the activities of the white supremacist Ku Klux Klan group in the 19th Century.It is unclear if Trump will attempt to suspend habeaus corpus without the approval of Congress.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Three Republican-led states to deploy National Guard troops to US capital
Three Republican-led states to deploy National Guard troops to US capital

Reuters

timean hour ago

  • Reuters

Three Republican-led states to deploy National Guard troops to US capital

Aug 16 (Reuters) - The Republican governors of three states are deploying hundreds of National Guard troops to Washington, D.C., at the request of the administration of President Donald Trump, who has portrayed the city as awash in crime. The announcements on Saturday of troops from hundreds of miles away in West Virginia, South Carolina and Ohio came a day after D.C. officials and the Trump administration negotiated a deal to keep Mayor Muriel Bowser's appointed police chief, Pamela Smith, in charge of the police department after D.C. Attorney General Brian Schwalb filed a lawsuit to block the federal takeover of the department. Trump, a Republican, said this week he was deploying hundreds of D.C. National Guard troops to Washington and temporarily taking over the Democratic-led city's police department to curb what he depicted as a crime and homelessness emergency. Justice Department data, however, showed violent crime in 2024 hit a 30-year low in Washington, a self-governing federal district under the jurisdiction of Congress. West Virginia Governor Patrick Morrisey's office said in a statement he was deploying 300 to 400 National Guard troops to D.C. in "a show of commitment to public safety and regional cooperation." The statement said he also was providing equipment and specialized training. South Carolina Governor Henry McMaster responded to a Pentagon request by announcing that 200 of his state's National Guard troops would be sent. Ohio Governor Mike DeWine said he would send 150 military police members in the coming days, adding none of them were "currently serving as law enforcement officers in the state." After the announcements, Mayor Bowser posted on X: "American soldiers and airmen policing American citizens on American soil is #UnAmerican." The National Guard serves as a militia that answers to the governors of the 50 states except when called into federal service. The D.C. National Guard reports directly to the president. Trump, who has suggested he could take similar actions in other Democratic-controlled cities, has sought to expand the powers of the presidency in his second term, inserting himself into the affairs of major banks, law firms and elite universities. In June, Trump ordered 700 Marines and 4,000 National Guard troops to Los Angeles, against the wishes of California's Democratic governor, during protests over mass immigration raids by federal officials. South Carolina's McMaster said his troops would immediately return to South Carolina if needed to respond to a possible hurricane or other natural disaster. Hurricane Erin, now northeast of Puerto Rico, has become a catastrophic Category 5 storm that could bring ocean swells to the U.S. East Coast early next week, the U.S. National Hurricane Center said on Saturday. National Guard troops often respond to natural disasters and rarely police U.S. civilians. Drew Galang, a spokesperson for West Virginia's Morrisey, said the state's National Guard received the order to send equipment and personnel to D.C. late on Friday and was working to organize the deployment. A White House official said on Saturday that more National Guard troops would be called in to Washington to "protect federal assets, create a safe environment for law enforcement officials to carry out their duties when required, and provide a visible presence to deter crime." A U.S. official, speaking on the condition of anonymity, said a formal order was expected to go out that would authorize National Guard troops in D.C. to carry firearms. The official said this order would affect mostly military police officers with sidearms. Reuters has reported that the National Guard troops would have weapons nearby, such as in their vehicles. The White House said on Saturday that D.C. National Guard members have conducted patrols on foot and in vehicles around the National Mall and Union Station. The White House said the National Guard troops are not making arrests now and that they may be armed. It is not clear how the administration could deploy National Guard troops elsewhere. A federal judge in San Francisco is expected in the coming weeks to issue a ruling on whether Trump violated the law with the Los Angeles deployments.

Over 300 protests held Saturday against Trump redistricting push
Over 300 protests held Saturday against Trump redistricting push

Reuters

timean hour ago

  • Reuters

Over 300 protests held Saturday against Trump redistricting push

Aug 16 (Reuters) - Pro-democracy activists and labor groups held hundreds of rallies and other events across the United States on Saturday protesting the Trump administration's push for Texas to redraw its congressional map in favor of Republicans. Former Congressman Beto O'Rourke was among those who spoke on Saturday in Texas, from which dozens of Democratic state lawmakers fled to deny Republicans the quorum needed to vote on a redistricting plan that President Donald Trump had demanded. "They do this because they are afraid," O'Rourke told an audience on Saturday, speaking of those attempting redistricting. "They fear this power they see here today." Drucilla Tigner, executive director of pro-democracy coalition Texas For All, told Reuters pro-democracy and labor groups held over 300 events attended by tens of thousands of people in 44 states and Washington, D.C. Many of the more than 50 Texas Democrats who fled the state have been staying in Illinois, also the site of protests on Saturday. The Texas lawmakers in Illinois are out of reach of civil arrest warrants that could be acted on within Texas. The Texas Democrats kept the map from coming to a vote during a special session Governor Greg Abbott called that ended Friday. Abbott immediately called a second special session. Abbott said that redistricting plans, legislation to increase flash flood safety in the wake of deadly July flooding, and other legislative work remains undone because Democrats are absent. California's Democratic Governor Gavin Newsom on Thursday unveiled a redistricting plan in his state that he says would give Democrats there five more Congressional seats, possibly offsetting any Republican gains in Texas. The Texas House Democrats said in a written statement on Thursday that they will only return to Texas if their state's special legislation is ended and once California's redistricting maps were introduced.

West Virginia, South Carolina to deploy National Guard troops to US capital
West Virginia, South Carolina to deploy National Guard troops to US capital

Reuters

time2 hours ago

  • Reuters

West Virginia, South Carolina to deploy National Guard troops to US capital

Aug 16 (Reuters) - The Republican governors of West Virginia and South Carolina are deploying hundreds of National Guard troops to Washington, D.C., at the request of the administration of President Donald Trump, who has portrayed the nation's capital as awash in crime. West Virginia Governor Patrick Morrisey's office said in a statement on Saturday he was deploying 300 to 400 National Guard troops to D.C. in "a show of commitment to public safety and regional cooperation." The statement said he also was providing equipment and specialized training. Sign up here. South Carolina Governor Henry McMaster responded to a Pentagon request by announcing late on Saturday that 200 of his state's National Guard troops would be sent. Trump, a Republican, said this week he was deploying hundreds of D.C. National Guard troops to Washington and temporarily taking over the Democratic-led city's police department to curb what he depicted as a crime and homelessness emergency. Justice Department data, however, showed violent crime in 2024 hit a 30-year low in Washington, technically a self-governing federal district under the jurisdiction of Congress. The announcement of more troops from two Republican-controlled states hundreds of miles away came a day after D.C. officials and the Trump administration negotiated a deal to keep Mayor Muriel Bowser's appointed police chief, Pamela Smith, in charge of the police department after D.C. Attorney General Brian Schwalb filed a lawsuit to block the federal takeover of the department. In June Trump ordered 700 Marines and 4,000 National Guard troops to Los Angeles, against the wishes of California's Democratic governor, during protests over mass immigration raids by federal officials. South Carolina's McMaster said his troops would immediately return to South Carolina if needed to respond to a possible hurricane or other natural disaster. Hurricane Erin, now northeast of Puerto Rico, has become a catastrophic Category 5 storm that could bring ocean swells to the U.S. East Coast early next week, the U.S. National Hurricane Center on Saturday. National Guard troops often respond to natural disasters and rarely police U.S. civilians. TROOPS TO OTHER CITIES? Drew Galang, a spokesperson for West Virginia's Morrisey, said the state's National Guard received the order to send equipment and personnel to D.C. late on Friday and was working to organize the deployment. A White House official said on Saturday that more National Guard troops would be called in to Washington to "protect federal assets, create a safe environment for law enforcement officials to carry out their duties when required, and provide a visible presence to deter crime." A U.S. official, speaking on the condition of anonymity, said a formal order was expected to go out that would authorize National Guard troops in D.C. to carry firearms. The official said this order would affect mostly military police officers with sidearms. Reuters has reported that the National Guard troops would have weapons nearby, such as in their vehicles. The White House said on Saturday that D.C. National Guard members have conducted patrols on foot and in vehicles around the National Mall and Union Station. The White House said the National Guard troops are not making arrests now and that they may be armed. Trump, who has suggested he could take similar actions in other Democratic-controlled cities, has sought to expand the powers of the presidency in his second term, inserting himself into the affairs of major banks, law firms and elite universities. It is not clear how the administration could deploy National Guard troops elsewhere. A federal judge in San Francisco is expected in the coming weeks to issue a ruling on whether Trump violated the law with the Los Angeles deployments. The National Guard serves as a militia that answers to the governors of the 50 states except when called into federal service. The D.C. National Guard reports directly to the president.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store