WASHINGTON: A senior White House official said Friday that President Donald Trump, as part of his sweeping immigration crackdown, is looking at suspending habeas corpus, the right of a person to challenge their detention in court.
“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,” White House deputy chief of staff Stephen Miller told reporters.
“So it’s an option we’re actively looking at,” Miller said. “A lot of it depends on whether the courts do the right thing or not.”
Trump campaigned for the White House on a pledge to deport millions of undocumented migrants and has repeatedly referred to their presence in the United States as an “invasion.”
Since taking office in January, Trump has been seeking to step up deportations, but his efforts have met with pushback from multiple federal courts which have insisted that migrants targeted for removal receive due process.
Among other measures, the Republican president invoked an obscure wartime law in March to summarily deport hundreds of alleged Venezuelan gang members to a prison in El Salvador.
Several federal courts have blocked further deportations using the 1798 Alien Enemies Act and the Supreme Court also weighed in, saying migrants subject to deportation under the AEA must be given an opportunity to legally challenge their removal in court.
The AEA was last used to round up Japanese-Americans during World War II and was previously invoked during the War of 1812 and World War I.
Suspending habeas corpus could potentially allow the administration to dispense with individual removal proceedings and speed up deportations, but the move would almost certainly be met with stiff legal challenges and end up in the Supreme Court.
It has been suspended only rarely in US history, most notably by president Abraham Lincoln during the 1861-1865 Civil War and in Hawaii after the December 1941 Japanese attack on Pearl Harbor.
Trump admin ‘looking at’ suspending right to court challenge for detainees
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Trump admin ‘looking at’ suspending right to court challenge for detainees
Gordon Brown ‘regrets’ Iraq War support, new biography says
- Former UK PM claims he was ‘misled’ over evidence of WMDs
- Robin Cook, the foreign secretary who resigned in protest over calls for war, had a ‘clearer view’
LONDON: Former UK Prime Minister Gordon Brown regrets his failure to oppose Tony Blair’s push for war with Iraq, a new biography has said.
Brown told the author of “Gordon Brown: Power with Purpose,” James Macintyre, that Robin Cook, the former foreign secretary who opposed the war, had a “clearer view” than the rest of the government at the time.
Cook quit the Cabinet in 2003 after protesting against the war, claiming that the push to topple Saddam Hussein was based on faulty information over a claimed stockpile of weapons of mass destruction.
That information served as the fundamental basis for the US-led war but was later discredited following the invasion of Iraq.
Brown, chancellor at the time, publicly supported Blair’s push for war, but now says he was “misled.”
If Brown had joined Cook’s protest at the time, the campaign to avoid British involvement in the war may have succeeded, political observers have since said.
The former prime minister said: “Robin had been in front of us and Robin had a clearer view. He felt very strongly there were no weapons.
“And I did not have that evidence … I was being told that there were these weapons. But I was misled like everybody else.
“And I did ask lots of questions … and I didn’t get the correct answers,” he added.
“Gordon Brown: Power with Purpose,” will be published by Bloomsbury next month.
