Due Process

The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus

The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.

Jacob Sullum | 6.17.2026 12:01 AM

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White House Deputy Chief of Staff Stephen Miller (Tom Williams/CQ Roll Call/Newscom)

Since illegal immigration is an "invasion," Deputy White House Chief of Staff Stephen Miller told reporters in May 2025, the Trump administration was "actively looking" at suspending the writ of habeas corpus to facilitate its mass deportation campaign. It turns out that Miller was not just spitballing: According to recent reporting by The New York Times, his comment reflected a serious internal debate about whether to unilaterally override the ancient principle that people nabbed by the government have a right to challenge their detention in court.

That episode is alarming insofar as it illustrates the Trump administration's disregard for civil liberties. But it is also at least a little reassuring, since Miller's jaw-dropping proposal was ultimately nixed by objections from White House Staff Secretary Will Scharf, a conservative attorney who explained why it was a legal nonstarter.

Miller was........

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