22 hours Ago By Sam Dorman
The Trump administration may suspend the writ of habeas corpus as litigation plays out in cases where potential deportees sought to challenge their detention under that legal vehicle. “So it’s an option we’re actively looking at.” His comments came amid court battles over immigration enforcement, in which the administration has argued that some federal judges exceeded their authority in blocking the executive branch’s policies.
On May 9, Miller added that “a lot of it depends on whether the courts do the right thing or not.” So far, federal judges in multiple jurisdictions have issued orders restricting President Donald Trump’s ability to deport people under his March proclamation, which invoked the Alien Enemies Act of 1898 in order to remove illegal immigrants who are members of the Tren de Aragua (TdA) gang. Many of those orders came after lawsuits that potential deportees brought under habeas.
Some of these orders have been followed by opinions in which the judges cast doubt on the legitimacy of Trump’s invocation. While the Supreme Court has intervened three times regarding these deportations, it hasn’t definitively ruled on whether Trump properly invoked the Act. Instead, it temporarily halted some deportations and said in April that detained individuals must receive notice they were subject to removal under the Act, as well as an opportunity to file for habeas relief.
Court documents later showed the Trump administration provided notice to detainees, but some judges have questioned whether the administration’s procedures accorded with the Supreme Court decision. He said what the Venezuelan plaintiffs in the lawsuit were asking for was “extraordinary.” Detainees receiving notice also “have had adequate time to file habeas claims,” he said.
It seems likely the Supreme Court will eventually elaborate its views on Trump’s invocation and how due process should occur, potentially teeing up a historic decision. Trump’s proclamation represented only the fourth time the Alien Enemies Act had been invoked in the nation’s history..
