White House officials considered suspending habeas corpus

Senior officials in the Trump administration, led by White House deputy chief of staff Stephen Miller, explored the possibility of suspending the constitutional right of habeas corpus for unauthorized immigrants in 2025, according to internal documents. The proposal, which would have allowed the government to detain individuals without judicial review, was part of a broader effort to expedite deportations but was ultimately not implemented after facing significant internal legal warnings.

The discussions were documented in a confidential memorandum dated April 29, 2025, written by White House staff secretary Will Scharf and addressed to Chief of Staff Susie Wiles. Scharf, a conservative lawyer, warned that suspending the writ would likely be ruled unlawful without congressional approval and could trigger a major constitutional battle, distracting from the administration's agenda. The memo traced the legal history of habeas corpus, a centuries-old right allowing detainees to challenge their confinement before a judge, noting it is enshrined in Article I of the Constitution, which permits suspension only in cases of rebellion or invasion.

Scharf argued that courts have almost...