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Business Standard
13-05-2025
- Politics
- Business Standard
US may suspend habeas corpus for immigrants: What it means and the impact
The White House is considering whether to suspend a long-standing legal safeguard that allows migrants to challenge their detention in court. The move, floated by senior adviser Stephen Miller, could fast-track deportation proceedings, but has drawn criticism from lawmakers and legal scholars. Speaking to reporters, Miller said, 'The Constitution is clear that... the privilege of the writ of habeas corpus can be suspended in time of invasion — so it's an option we're actually looking at, but a lot of it depends on whether the court will do the right thing or not.' His remarks come as the administration continues a crackdown on illegal immigration and foreign students involved in campus protests. Reacting to Miller's comments, US Senator Amy Klobuchar said, 'Congress is not going to reverse habeas corpus — and no, the president can't do it himself.' What is habeas corpus? Habeas corpus, a Latin term meaning 'you should have the body,' is a legal mechanism that allows a person to appear before a court to challenge whether their detention is lawful. It's often referred to as the 'Great Writ of Liberty'. Legal historians say the concept predates the Magna Carta and is embedded in the legal traditions of the UK, the US, and other democracies. In the United States, it is found in Article One of the Constitution, which reads: 'The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.' The principle has been used in US courts, including the Supreme Court, to review detentions — especially in immigration, where migrants use habeas petitions to contest the duration and conditions of their imprisonment. Dr Sarvam Ritam Khare, an advocate-on-record at the Supreme Court of India, told Business Standard, 'Habeas corpus is originally a common law concept meaning 'produce the body' and is the remedy in cases where a person has been wrongfully detained. The American Constitution recognises the privilege of habeas corpus as absolute and non-suspendable by virtue of Article I, Section 9, Clause 2.' He added that the 14th Amendment of the US Constitution guarantees the right to life and liberty to every person in the country, regardless of citizenship. 'It says that no state shall deprive any person of life, liberty or property without due process of law. This due process test opens up the question of whether such a law is constitutionally valid. So, even an enacted law cannot override personal liberty unless it passes that test,' he said. 'Any law suspending the judicial remedy of habeas corpus in the US is unconstitutional and against various human rights treaties — many of which the US has not only signed but helped shape,' said Khare. Sunayana Basu Mallik, partner at King Stubb & Kasiva, Advocates and Attorneys, told Business Standard, 'Suspending habeas corpus for migrants would block court challenges to detention, risking unchecked, prolonged confinement. This undermines due process, may violate constitutional protections, and could lead to human rights issues, disproportionately harming vulnerable immigrant communities.' Ketan Mukhija, senior partner at Burgeon Law, said, 'This would mark a serious shift in immigration policy and raise deep concerns about executive overreach and constitutional limits.' Past suspensions in US history Habeas corpus has been suspended only a few times in American history. President Abraham Lincoln first suspended it in 1861 during the Civil War, prompting a clash with then-Chief Justice Roger Taney, who argued that only Congress could authorise such a suspension. Congress later passed legislation in 1863 to permit suspension for the duration of the war. In the years after the Civil War, the writ was suspended again to suppress uprisings by the Ku Klux Klan. Another notable instance was after the 1941 attack on Pearl Harbour, when habeas corpus was suspended in Hawaii. This allowed authorities to detain Japanese Americans on the island during World War Two. Current legal disputes reignite interest in habeas corpus Miller's comments came hours after a federal judge in Vermont ordered the release of Rümeysa Öztürk, a Turkish doctoral student at Tufts University on Friday. She had been detained by immigration officers in March as part of a broader campaign against student protesters. Öztürk had written a piece in her university newspaper criticising the administration's response to the war in Gaza. Authorities claimed, without evidence, that she had supported Hamas. Miller criticised the judge's ruling, calling it 'a judicial coup' and said the executive had 'absolute authority' to revoke visas without court oversight. 'This judicial coup by a handful of Marxist judges to frustrate that effort can only be understood as an attack on democracy,' Miller said. The case has drawn attention to broader legal efforts to challenge detentions. In April, the Supreme Court ruled that migrants subject to removal under the Alien Enemies Act must be given adequate notice before deportation so they have time to petition the courts. This ruling paused some deportations in Texas. Mahmoud Khalil, a Columbia University graduate student detained for his involvement in pro-Palestinian protests, has now filed a habeas corpus petition as he fights deportation.
Roya News
11-05-2025
- Politics
- Roya News
Habeas corpus: What it is, why Trump may suspend it?
The Trump administration is reportedly exploring the possibility of suspending habeas corpus—a centuries-old legal safeguard that allows individuals to challenge their detention in court—as part of its escalating efforts to detain and deport undocumented immigrants. White House deputy chief of staff Stephen Miller described the doctrine not as a guaranteed right but as a "privilege" that could be set aside under certain conditions. 'The legal principle is a privilege,' Miller said, suggesting its suspension might streamline immigration enforcement. This potential move comes at a time when detainees, including migrants and student protesters, have increasingly turned to habeas corpus to contest their detentions. The renewed interest in the writ reflects growing tensions between civil liberties and federal immigration enforcement. The term habeas corpus, meaning 'you should have the body' in Latin, is foundational to Anglo-American legal systems. It ensures that anyone held in custody can appear before a judge to challenge the legality of their detention. Sometimes referred to as the 'Great Writ of Liberty,' its roots pre-date the Magna Carta and it remains embedded in democratic legal traditions. The US Constitution refers to habeas corpus only once, in Article One, stating that its suspension is only permissible 'when in cases of rebellion or invasion the public safety may require it.' Historically, suspensions have been rare and controversial. President Abraham Lincoln famously invoked it during the Civil War, prompting a constitutional clash with then–Chief Justice Roger Taney, who argued that only Congress had such authority. Congress later retroactively authorized Lincoln's actions. The writ was also suspended during the Reconstruction era to combat Ku Klux Klan violence, and in Hawaii during World War II after the bombing of Pearl Harbor, enabling mass arrests of Japanese Americans. In modern jurisprudence, US courts have affirmed that habeas corpus applies to both citizens and non-citizens. A landmark 2008 Supreme Court decision extended the right even to non-citizens held in facilities like Guantanamo Bay. Nonetheless, successful habeas petitions remain uncommon. Most courts uphold detentions as lawful, making legal victories exceedingly rare. One notable exception came in 2021 when Asadullah Haroon Gul, a detainee at Guantanamo, won a habeas corpus petition—becoming the first to do so since the 2008 ruling. He was eventually transferred to Afghanistan after spending years in custody. The Trump-era surge in immigration arrests and the detention of student activists has thrust habeas corpus into the spotlight once again. In April, the Supreme Court ruled that individuals targeted for removal under the Alien Enemies Act must be given adequate notice to challenge their deportation. This led to temporary delays in some deportation cases in Texas. Among those now invoking the writ is Columbia University graduate student Mahmoud Khalil, who has emerged as a prominent voice in pro-Palestinian protests on campus. Currently facing deportation proceedings, Khalil has filed a habeas corpus petition in a bid to remain in the country while his case is reviewed.
