White House 'Actively Looking' to Suspend Due Process Protections in Immigration Crackdown

What Happened?

The Trump administration is actively reviewing its options to potentially end due process protections for unauthorized immigrants currently living in the U.S.

President Donald Trump’s top adviser, Stephen Miller, told reporters Friday that 'the Constitution is clear.'

'The privilege of the writ of habeas corpus can be suspended at a time of invasion,' Miller said from the White House driveway. 'I would say that’s an action we’re actively looking at.'

A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court concerning his or her detention.

That individual would then appear for prosecution or appear to testify.

According to U.S. Marshal Services, state courts may issue such writs to prisoner custodians to produce federal prisoners.

It’s reportedly been a key avenue migrants have used to challenge pending deportations.

Miller added that the outcome depends on whether the court will 'do the right thing or not.'

The White House reportedly did not clarify what the right thing ultimately means.

President Trump told NBC's Meet the Press last week that the courts are holding him back.

Why it Matters

A federal appeals court dealt another blow in Trump's bid to revoke deportation protections for more than half a million migrants.

The Boston-based 1st U.S. Circuit Court of Appeals declined to put on hold a judge's order that halted efforts to end the Biden-era Temporary Protected Status (TPS) program.

In its three-page decision, the court ruled that Homeland Security Secretary Kristi Noem had not made a strong showing that justified a termination of the previously ruled order.

The Trump administration tried arguing that Noem had the discretion to end the migrants' status, despite U.S. District Judge Indira Talwani temporarily blocking the administration's actions.

The migrants were also allowed to obtain authorization to work legally or apply for status adjustments amid the controversial CHNV program and BP One app.

In the meantime, Trump and his staff are leaning toward more persuasive measures after unveiling a $1,000 stipend for migrants who voluntarily 'self-deport.'

The Trump administration now turns to the Supreme Court to intervene in these efforts.

How it Affects You

More lawsuits are growing to challenge the Trump administration over deportations of migrants to maximum prisons in El Salvador and Guantanamo Bay.

This includes efforts to use the Alien Enemies Act that judges have recently blocked from being implemented.

Miller has maintained that the lower courts don't have jurisdiction in immigration matters over the executive branch.

More challenges call on the Supreme Court to ultimately decide its position involving the U.S. Constitution and Trump's deportation goals.