Tag Archives: President Abraham Lincoln

Talking Points Memo: The ‘Invasion’ Invention: The Far Right’s Long Legal Battle to Make Immigrants the Enemy

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The Trump administration is using the claim that immigrants have “invaded” the country to justify possibly suspending habeas corpus, part of the constitutional right to due process. A faction of the far right has been building this case for years.

When top Trump adviser Stephen Miller threatened on May 9 that the administration is “actively looking at” suspending habeas corpus in response to an “invasion” from undocumented immigrants, he was operating on a fringe legal theory that a right-wing faction has been working to legitimize for more than a decade.

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Hard-liners have referred to immigrants as “invaders” as long as the U.S. has had immigration. By 2022, invasion rhetoric, which had previously been relegated to white nationalist circles, had become such a staple of Republican campaign ads that most of the public agreed an invasion of the U.S. via the southern border was underway.

Now, however, the claim that the U.S. is under invasion has become the legal linchpin of President Donald Trump’s sweeping anti-immigrant campaign.

The claim is Trump’s central justification for invoking the Alien Enemies Act to deport roughly 140 Venezuelans to CECOT, the Salvadoran megaprison, without due process. (The administration cited different legal authority for the remaining deportees.) The Trump administration contends they are members of a gang, Tren de Aragua, that Venezuelan President Nicolás Maduro is directing to infiltrate and operate in the United States. Lawyers and families of many of the deportees have presented evidence the prisoners are not even members of Tren de Aragua.

The contention is also the throughline of Trump’s day one executive order “Protecting the American People Against Invasion.” That document calls for the expansion of immigration removal proceedings without court hearings and for legal attacks against sanctuary jurisdictions, places that refuse to commit local resources to immigration enforcement.

So far, no court has bought the idea that the U.S. is truly under invasion….

And therein lies the problem: The Trump regime is off pursuing an unconstitutional tangent to solve a problem that is improperly framed as an “invasion”.

It’s a long well-researched article. Please click on the link below and read the entire article.

The ‘Invasion’ Invention: The Far Right’s Long Legal Battle to Make Immigrants the Enemy
This article first appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign…

https://talkingpointsmemo.com/news/the-invasion-invention-the-far-rights-long-legal-battle-to-make-immigrants-the-enemy

NBC News: Homeland Security Secretary Kristi Noem struggles to define habeas corpus at Senate hearing

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“Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said. “That’s incorrect,” a Democratic senator responded.

My God, how stupid is this woman?

Homeland Security Secretary Kristi Noem mangled a response to a question about habeas corpus at a Senate hearing Tuesday, referring to the constitutional right of due process as a “right that the president has to be able to remove people from this country.”

Sen. Maggie Hassan, D-N.H., asked Noem about the constitutional protection after noting that White House adviser Stephen Miller told reporters earlier this month that the administration was “actively looking at” suspending habeas corpus, the right to challenge an arrest or imprisonment.

“I want to clarify your position,” Hassan asked. “What is habeas corpus?”

“Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country, and suspend their right to … ,” Noem responded before she was cut off by Hassan.

“That’s incorrect,” the senator said.

“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason,” Hassan said, calling it a “foundational right.”

“So Secretary Noem, do you support the core protection that habeas corpus provides, that the government must provide a public reason in order to detain and imprison someone?” she asked.

Noem responded, “I support habeas corpus. I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not.” 

Uhh … no, he doesn’t.

Homeland Security Secretary Kristi Noem struggles to define habeas corpus at Senate hearing
“Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said. “That’s incorrect,” a Democratic senator responded.

https://www.nbcnews.com/politics/rcna207986

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

Latin Times: Stephen [“Goebbels”] Miller Says Trump Admin is ‘Looking At’ Suspending Habeas Corpus To Enforce Deportations

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White House Deputy Chief of Staff Stephen Miller said on Friday that the Trump administration could suspend habeas corpus to carry out deportations currently being blocked by courts.

Speaking to reporters at the White House grounds, Miller said Trump could invoke the Constitution to enforce the decision. “The Constitution, which is the supreme law of the land, is clear. It says that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So it’s an option we’re actually looking at,” Miller said.

“A lot of it depends on whether the courts do the right thing or not,” Miller added. He sought to back his argument by claiming courts around the country are overreaching and undermining the two other branches of government. He has repeatedly accused judges of committing a “judicial coup” when referencing rulings he or the administration disagree with.

The courts are doing EXACTLY WHAT THEY SHOULD BE DOING. The only problem is ASSHOLE DICTATORS like you who don’t want to provide the due process that everyone is entitled to under our Constitution.

Stephen Miller Says Trump Admin is ‘Looking At’ Suspending Habeas Corpus To Enforce Deportations
Stephen Miller, President Trump’s Deputy Chief of Staff, suggested the Trump administration could suspend habeas corpus rights to enforce deportations

https://www.msn.com/en-us/news/other/stephen-miller-says-trump-admin-is-looking-at-suspending-habeas-corpus-to-enforce-deportations/ar-AA1EuH75

Daily Beast: Leavitt [Bimbo #1] Opens Way to Massive Move Against Immigrants’ Rights

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White House Press Secretary Karoline Leavitt [Bimbo #1] refused to shut down speculation that Donald Trump could suspend due process for migrants.

Leavitt [Bimbo #1] was asked about pausing the writ of habeas corpus at a hastily announced press briefing on Monday morning focused on immigration.

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Habeas corpus, which is preserved in Article I of the Constitution, is the legal process that allows the courts to review whether a person is being wrongly detained or imprisoned.

“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,” it reads.

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The Trump administration has been accused of denying migrants due process in an effort to quickly remove them from the U.S. and has faced off with multiple judges over its mass deportation effort.

Leavitt [Bimbo #1] insisted that the administration will continue to deport undocumented immigrants.

“The president is open to all remedies to do that,” she said.

Leavitt Opens Way to Massive Move Against Immigrants’ Rights
White House Press Secretary Karoline Leavitt refused to shut down speculation that Donald Trump could suspend due process for migrants. Leavitt was asked about pausing the writ of habeas corpus at a hastily announced press briefing on Monday morning focused on immigration. After her opening remarks, Leavitt directed the first question to right-wing political commentator Rogan O’Handley, who goes by “DC Draino” online. Read more at The Daily…

https://www.msn.com/en-us/news/politics/leavitt-opens-way-to-massive-move-against-immigrants-rights/ar-AA1DMILn