politics
Miller tied the proposal to whether courts “do the right thing.” His May 2025 remarks resurfaced as Trump named him chief of staff.
Stephen Miller said the Trump administration was “actively looking at” suspending habeas corpus—the right to ask a judge whether the government is holding someone unlawfully. He tied the decision to whether courts backed the administration’s immigration agenda.
Miller made the remarks outside the White House on May 9, 2025. FactPost recirculated the clip Nov. 6, the same day Trump named him to replace Susie Wiles as chief of staff.
“So it’s an option that we’re actively looking at,” Miller said. He added that “a lot of it depends on whether the courts do the right thing or not.”
Miller argued that illegal immigration constituted an invasion, invoking the Constitution’s exception for suspending the writ.
But the Suspension Clause sets a specific limit: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Habeas corpus gives a detained person a way to demand court review and seek release from unlawful confinement. Suspending it would remove that protection within the suspension’s scope.
Miller’s remarks described a proposal. The recirculated clip does not announce a suspension order.
