Top Trump adviser Stephen Miller indicated on Friday that the administration is exploring ways to eliminate due process protections for unauthorized immigrants. He stated that the Constitution allows for the suspension of the writ of habeas corpus during times of invasion, suggesting this is a route they are considering. Miller emphasized that the administration’s actions depend on the courts’ decisions, criticizing what he labeled as “radical rogue judges” who he believes undermine executive authority in immigration matters.
President Trump has voiced frustration regarding constitutional due process, which he claims hampers mass deportation efforts. He argued that while the Fifth Amendment guarantees rights to all individuals, including noncitizens, the time required for legal processes is problematic, particularly in the case of deporting individuals he describes as “murderers” and “drug dealers.” During an interview, he expressed uncertainty about the necessity of adhering to constitutional protections but reassured that his legal team would comply with Supreme Court rulings.
Additionally, the Trump administration has previously bypassed due process in certain deportation cases, citing the Alien Enemies Act to detain alleged members of the Venezuelan gang Tren de Aragua. However, federal judges have ruled that the gang’s activities do not constitute an invasion, challenging the administration’s justification for these actions.
In this context, Miller’s remarks suggest a significant shift in the administration’s approach to immigration law, creating potential legal and constitutional conflicts as they move forward with their agenda to expedite deportations. The administration’s ongoing navigation between legal frameworks and its enforcement ambitions raises questions about the balance of power between the executive, judicial, and legislative branches.
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