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Home » Politics » Trump aide floats suspension of key constitutional right – here’s why it matters

Trump aide floats suspension of key constitutional right – here’s why it matters

Could a centuries-old law really allow Trump to suspend habeas corpus?

Joe Connor by Joe Connor
May 11, 2025
in News, Politics
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Top Trump adviser Stephen Miller has sparked a backlash after hinting that the Trump administration could look at suspending one of the most fundamental rights in US law – habeas corpus.

📜 What Is Habeas Corpus, and Why Does It Matter?

Habeas corpus, a fundamental legal right, allows anyone detained by the government to challenge their imprisonment in court. It’s a cornerstone of democratic freedom, preventing authorities from holding people indefinitely without just cause. The phrase itself, Latin for “you should have the body,” reflects the right to appear before a judge and demand a fair hearing.

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🔥 Miller’s Controversial Comments

Top Trump adviser Stephen Miller sparked outrage on Friday when he suggested the Trump administration is “actively looking at” suspending this centuries-old right. Speaking to reporters, Miller said the US Constitution clearly allows for the suspension of habeas corpus during times of invasion – a reference to the administration’s often-criticised view of immigration as a national security threat.

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“Well, 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,” Miller said.

📅 An Old Law in a New Context

Miller’s comments also touched on the Alien Enemies Act, a rarely used 18th-century law. This legislation allows the US government to detain foreign nationals without trial during wartime. Just last week, two federal judges blocked the Trump administration from using this act to justify detaining immigrants without due process, calling it a significant overreach.

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👀 Online Backlash

Unsurprisingly, Miller’s remarks didn’t go down well online, with many calling it a dangerous step toward authoritarianism. “Suspension of habeas corpus is the end of a free United States,” one person wrote, while others branded the comments “full-blown fascism.”

Habeas corpus, meaning "you shall have the body," is a legal principle and a writ that allows a court to review the legality of a person's detention or imprisonment. It's a fundamental safeguard against arbitrary or unlawful detention, ensuring individuals can challenge their… https://t.co/uMUZ4oqMzx

— Nina Turner (@ninaturner) May 9, 2025

🎥 Watch the Exchange

You can catch Miller’s full comments, courtesy of C-SPAN, below.

Stephen Miller says the White House is looking into suspending habeas corpus, which protects people from unlawful detentions: "A lot of it depends on whether the courts do the right thing or not." pic.twitter.com/AZLhFy79oZ

— CSPAN (@cspan) May 9, 2025
Tags: Donald Trump
Joe Connor

Joe Connor

Former editor at The London Economic.

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