Tag Archives: Magna Carta

CNBC: Trump administration ‘looking at’ suspending habeas corpus for migrants, Stephen [“Goebbels”] Miller says

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  • Senior White House advisor Stephen [“Goebbels”] Miller said that the Trump administration is “actively looking at” suspending the writ of habeas corpus, the right to challenge a person’s detention by the government, for migrants.
  • [“Goebbels”] Miller was answering a reporter who asked about President Donald Trump entertaining the idea of suspending the writ to deal with illegal immigration into the United States.
  • The writ has only been suspended four times since the U.S. Constitution was adopted, and in all but one case, Congress first authorized that action.
  • [“Goebbels”] Miller spoke hours after a federal judge in Vermont ordered the release of Tufts University student Rumeysa Öztürk from the custody of U.S. immigration authorities. She had challenged her detention with a habeas writ.

White House deputy chief of staff for policy Stephen [“Goebbels”] Miller said Friday that the Trump administration is “actively looking at” suspending the writ of habeas corpus — the constitutional right to challenge in court the legality of a person’s detention by the government — for migrants.

[“Goebbels”] Miller’s comment came in response to a White House reporter who asked about President Donald Trump entertaining the idea of suspending the writ to deal with the problem of illegal immigration into the United States.

Asked when that might happen, [“Goebbels”] Miller responded: “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 time of invasion.”

“So, I would say that’s an option we’re actively looking at,” he said.

This comes a day or two after the release of Rumeysa Öztürk, who was detained for 45 days by ICE for writing an op-ed column in a newspaper, never charged with nor convicted of any crime:

[“Goebbels”] Miller spoke hours after a federal judge in Vermont ordered the release of Tufts University student Rumeysa Öztürk from the custody of U.S. immigration authorities.

Öztürk, who had been imprisoned for 45 days after the Trump administration revoked the Turkish citizen’s student visa based on an assessment that she “may undermine U.S. foreign policy by crearting a hostile environment for Jewish students and indicating support for a designated terrorist organization.”

Öztürk challenged her detention with a petition for writ of habeas corpus, which noted that she “has not been charged with any crime,” and which argued that her “arrest and detention are designed to punish her speech and chill the speech of others.”

Trump administration ‘looking at’ suspending habeas corpus for migrants, Stephen Miller says
Multiple court cases challenging the Trump administrations effort to deport undocumented immigrants from the U.S. are based on habeas claims.

https://www.cnbc.com/2025/05/09/trump-deportation-habeas-corpus-miller.html

Politico: Judges have a warning about Trump’s rapid deportations: Americans could be next

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A fundamental promise by America’s founders — that no one should be punished by the state without a fair hearing — is under threat, a growing chorus of federal judges say.

That concept of “due process under law,” borrowed from the Magna Carta and enshrined in the Bill of Rights, is most clearly imperiled for the immigrants President Donald Trump intends to summarily deport, they say, but U.S. citizens should be wary, too.

Across the country, judges appointed by presidents of both parties — including Trump himself — are escalating warnings about what they see as an erosion of due process caused by the Trump administration’s mass deportation campaign. What started with a focus on people Trump has deemed “terrorists” and “gang members” — despite their fierce denials — could easily expand to other groups, including Americans, these judges warn.

“When the courts say due process is important, we’re not unhinged, we’re not radicals,” U.S. District Judge Ana Reyes, a Washington, D.C.-based appointee of President Joe Biden, said at a recent hearing. “We are literally trying to enforce a process embodied in probably the most significant document with respect to peoples’ rights against tyrannical government oppression. That’s what we’re doing here. Okay?”

It’s a fight that judges are increasingly casting as existential, rooted in the 5th Amendment’s guarantee that “no person shall … be deprived of life, liberty or property, without due process of law.” The word “person,” courts have noted, makes no distinction between citizens or noncitizens. The Supreme Court has long held that this fundamental promise extends to immigrants in deportation proceedings. In a 1993 opinion, Justice Antonin Scalia called that principle “well-established.”

Judges have a warning about Trump’s rapid deportations: Americans could be next
Judges across the country continue to note that if courts don’t protect the rights of the least popular and most vulnerable, everyone is at risk.

https://www.msn.com/en-us/news/opinion/judges-have-a-warning-about-trump-s-rapid-deportations-americans-could-be-next/ar-AA1EvZfM