WH Deputy Chief of Staff Stephen Miller: Trump Admin is “Actively Looking At” Suspending Habeas Corpus on Immigration Matters as the Courts Wage “War” on Executive and Legislative Branches
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. Look, 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 Nationality Act, which stripped Article Three courts—that’s the judicial branch of jurisdiction over immigration cases.
So, Congress actually passed—it’s called jurisdiction stripping legislation—It passed a number of laws that say that the Article Three 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 protective status, or TPS? Right? So, 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, when courts stepped in, they were violating explicit language that Congress had enacted, saying they have no jurisdiction. So, it’s not just— the courts aren’t just at war with the executive branch. The courts are at war, these radical rogue judges, with the legislative branch as well too. So all of that will inform the choices the president ultimately makes.
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