Stephen Miller Says the W.H. Is Looking into Suspending Habeas Corpus: ‘A Lot of It Depends on Whether the Courts Do the Right Thing or Not’

MILLER: “Hold on, there’s a question back there first.”

Reporter: “[inaudible]. I have two quick questions. First, you know, President Trump has talked about potentially suspending habeas corpus to take care of the illegal immigration problem. When could we see that happen, do you think?”

MILLER: “Well, the Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So that’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed the body of law known as the Immigration and Nationality Act, which stripped Article 3 courts. That’s the judicial Branch of jurisdiction over immigration cases. So Congress actually passed, it’s called jurisdiction-stripping legislation. It passed a number of laws that say that the Article 3 courts aren’t even allowed to be involved in immigration cases. Many of you probably don’t know this. I’ll give you a good example. Are you familiar with the term Temporary Protected Status, or TPS, right? So, by statute, the courts are stripped of jurisdiction from overruling a presidential determination or a secretarial determination on TPS, when the Secretary of Homeland Security makes that determination. So, when Secretary Noem terminated TPS for the illegals that Biden flew into the country, when court stepped in, they were violating explicit language that Congress had enacted saying they have no jurisdiction. So it’s not just the courts aren’t just at war with the executive Branch, the courts are at war, these radical rogue judges, with the legislative Branch as well too. So all of that will inform the choice that the president ultimately makes. Yes.”