“Habeas Corpus: The Forgotten Law”

White House deputy chief of staff Stephen Miller says the Trump administration is ‘actively looking at’ suspending habeas corpus in their effort to combat illegal immigration.
The Suspension Clause of the Constitution protects the right to the writ of habeas corpus, which allows individuals to challenge the legality of their detention. According to the clause, this privilege can only be suspended in cases of rebellion or invasion when public safety requires it. This means that the federal government can only suspend the writ of habeas corpus under extraordinary circumstances, such as during a national emergency or a declared war. The Supreme Court has interpreted this clause to uphold the writ as it existed in 1789, ensuring that individuals have the right to contest the legality of their detention in court.

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