Stephen Miller Says Trump Administration May Suspend Habeas Corpus for Migrants

Yes, you read that right. Stephen Miller just dropped a constitutional nuke. The controversial Trump advisor says the White House is “actively looking at” suspending habeas corpus—that’s the centuries-old right to challenge unlawful imprisonment in court.

In other words: the government could arrest you, detain you, and throw away the key—with no judge, no trial, no questions asked.

This isn’t some fringe theory. This is straight from the mouth of one of the most powerful figures in Trump’s inner circle.

Appearing on a conservative news segment Friday, Miller claimed the current migrant surge at the border amounts to an “invasion,” and cited the Constitution’s rare exception clause—meant for times of rebellion or invasion—as justification to pull the plug on habeas corpus.

Let that sink in. The same clause Abraham Lincoln used during the Civil War. The same legal move that led to internment camps during World War II. Now being floated in 2025—by a man who once masterminded the family separation policy.

Critics were immediately incensed. Legal experts warned the move would be flat-out unconstitutional unless Congress is involved. Stephen Vladeck, a constitutional scholar, slammed the proposal: “The President cannot just suspend habeas corpus because he wants to deport people faster. That’s not how democracy works.”

But Miller? Unbothered. He doubled down—claiming the Biden administration is “letting the country collapse” and that “extraordinary measures are now justified.”

Cue the backlash. Social media is in flames. #SaveHabeas is trending. Protest groups, civil rights orgs, and even some Republicans are warning this could trigger a full-blown constitutional crisis.

And if you think this is just about migrants, think again. Once habeas is gone, no one is safe.

The White House hasn’t officially commented on whether the idea will move forward—but just the fact it’s being publicly floated by someone like Miller has stunned legal circles and reignited fears that America’s most basic legal protections could be on the chopping block.