The White House secretly debated last year whether to suspend habeas corpus rights for undocumented immigrants, according to internal memos obtained by The New York Times.
The discussions went further than previously known, with President Trump weighing options to limit a constitutional right out of frustration with the federal courts.
Habeas corpus allows individuals detained by the government to challenge their imprisonment in court. It is a fundamental protection against unlawful detention.
The memos reveal that administration officials explored invoking the Insurrection Act as a legal basis for such a suspension. The law grants presidents broad authority to deploy the military and suspend certain legal processes during rebellions or insurrections.
The debate centered on claims that immigration enforcement was being hindered by judicial rulings. Some aides argued that limiting habeas corpus for undocumented immigrants would reduce legal delays.
Critics warned the move would violate the Constitution and erode civil liberties. Legal experts noted habeas corpus has been suspended only in extreme cases, such as the Civil War.
The documents do not show that Trump ultimately ordered any suspension. However, the internal debate signals a serious consideration of aggressive executive action.
The White House declined to comment on the memos. The revelations are likely to reignite concerns over the administration’s approach to immigration and judicial authority.
