Stephen Miller: White House “Looking Into Suspending Habeas Corpus” In Response To Migrant “Invasion”
White House deputy chief of staff Stephen Miller said the administration is considering “suspending habeas corpus,”
QUESTION: President Trump has talked about suspending habeas corpus to take care of the immigration problem, when could we see that happen? STEPHEN MILLER: 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. So it’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration and Nationality Act, which stripped Article III courts-that’s the judicial branch-of jurisdiction over immigration cases. So Congress actually passed what’s called jurisdiction-stripping legislation. It passed a number of laws that say that the Article III courts aren’t even allowed to be involved in immigration cases. Many of you probably don’t know this. I’ll give you a good example. Are you familiar with the term Temporary Protected Status, or TPS? Right? By statute, the courts are stripped of jurisdiction from overruling a presidential determination-or a secretarial determination-on TPS when the Secretary of Homeland Security makes that determination. So when Secretary Noem terminated TPS for the illegals that Biden flew into the country, and courts stepped in, they were violating explicit language that Congress had enacted, saying they have no jurisdiction. So it’s not just that the courts are at war with the executive branch. The courts-these radical rogue judges-are at war with the legislative branch as well. So all of that will inform the choice that the President ultimately makes, yes.
