Chicago Sunday – May 11, 2025
Habeas corpus has become a major topic of concern as President Donald Trump and his administration have discussed the drastic possibility of suspending it.
What is habeas corpus?
Habeas corpus is a legal safeguard that lets individuals who believe they are being held unlawfully request a court to review their detention. In recent months, immigrants and advocacy groups have submitted habeas corpus petitions in response to Trump’s efforts to accelerate deportations under his immigration policies. However, these petitions are often tough to win in federal courts, and many immigrants face the added hurdle of securing legal representation.
What would suspending habeas corpus mean?
According to Lee Kovarsky, a law professor at the University of Texas who specializes in habeas corpus, suspending it would be a “national historical disaster.” He explained that it would give the government unchecked power to detain individuals without providing any legal means to challenge their detention, initially targeting noncitizens but potentially affecting others as well.
Stephen Miller, a top White House official, said on Friday that the administration is “seriously considering” suspending habeas corpus, depending on how the courts rule on related matters. However, the U.S. Constitution permits suspension of habeas corpus only in situations of “rebellion or invasion” when public safety is at risk. Kovarsky emphasized that this restriction exists because suspending habeas corpus is such a serious measure. Without the right to challenge detention in court, individuals lose the ability to enforce their rights, he said.
What has the Supreme Court said?
On April 7, the Supreme Court issued a somewhat unclear ruling that allowed Trump to temporarily use the old Alien Enemies Act to fast-track deportations. At the same time, the court acknowledged that those being deported under this act still have the right to be notified and to contest their removal through habeas corpus in federal court, giving migrants a partial victory.
Following the decision, the ACLU filed several habeas lawsuits aimed at protecting specific clients as well as other Venezuelans who could face deportation under the act.
Then, in an unusual late-night order on April 19, the Supreme Court blocked the Trump administration from deporting a group of immigrants in Texas.
