Washington Examiner: Appellate judge blasts courts’ ‘special treatment’ for illegal immigrants

Circuit Judge James Ho issued a blistering concurrence Tuesday, taking aim at the Supreme Court and other courts’ “special treatment” for illegal immigrants in legal proceedings.

A three-judge panel on the U.S. Court of Appeals for the 5th Circuit issued an order to expedite the oral arguments of a challenge to the deportation of a group of Venezuelan nationals under the Alien Enemies Act in Texas. The order came after the Supreme Court vacated the appellate court’s previous ruling, saying it lacked jurisdiction, and denied a bid by the migrants’ lawyers to temporarily stop President Donald Trump’s administration from deporting the group of foreign nationals under the AEA.

Apparently Slo Ho didn’t appreciate the urgency of the higher court and the fact that the higher court had vacated their previous ruling for lack of jurisdiction.

Kudos for the Supreme Court’s sense of urgency. When people are being deported, they can be here today and gone tomorrow, if not sooner.

That’s hardly “special treatment for illegal immigrants”. They’re people, too.


Another article here:

https://www.newsweek.com/trump-judge-slams-supreme-court-after-ruling-2075295

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

  • 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.”

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