Stephen Miller, a top adviser to President Trump, recently indicated that the administration is exploring ways to terminate due process protections for unauthorized immigrants. In a statement made outside the White House, he referenced the constitutional privilege of habeas corpus, suggesting that it could be suspended during an “invasion.” Miller did not specify whether this would apply to all unauthorized immigrants or a particular group, and he criticized the courts for interfering with the executive branch’s immigration enforcement efforts.
President Trump has consistently expressed frustration regarding due process protections, arguing they hinder his mass deportation plans. In an interview, he lamented that constitutional safeguards slow down deportations, especially for certain individuals he labels as “murderers” and “drug dealers.” When pressed about the necessity of upholding the Constitution, Trump seemed uncertain but emphasized reliance on his legal team to navigate these issues.
The administration has previously circumvented due process in some deportation cases, invoking the Alien Enemies Act to detain individuals linked to gangs such as Tren de Aragua. However, federal judges have ruled against the administration, stating that the gang’s activities do not equate to an invasion as defined by law.
Miller characterized the courts as engaged in a “war” against both the executive and legislative branches, suggesting that the ultimate decisions about immigration enforcement will be influenced by judicial actions. The administration continues to grapple with the complexities of immigration law, asserting a desire to expedite processes while facing legal challenges.
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