The White House looks “actively at” whether he disputes the ability of migrants to dispute their detention in court as part of an attempt to accelerate his deportation efforts, said senior adviser Stephen Miller on Friday.
“The Constitution is clear that it is of course the highest law in the country that the privilege of Habeas Corpus can be suspended in the invasion – so it is an option that we are actually looking at, but much of it depends on whether the court will do the right one or not,” said Miller reporters.
Habeas Corpus stands for those who have been held by the government, to challenge the detention and be released from prison sentence after unlawful arrest. In immigration procedures, Habeas reviews can consider how long migrants are held before deportations and the conditions of their imprisonment.
Habeas Corpus is only occasionally suspended in American history: during the civil war and reconstruction, in the US -controlled Philippines in 1905, and in Hawaii after the bombing of Pearl Harbor.
Miller spoke hours after a federal court in Vermont ordered the immediate release of a doctoral student of Tufts University who was held in March by immigration officers, as part of President Donald Trump's performance against foreign students who participated in campus demonstrations against Israel.
Rümeysa Öztürk wrote an OP-ED in her school newspaper who is critical of the university's response to the war in Gaza; The administration has claimed, without providing evidence that it participated in activities to support Hamas.
When asked about the case, Miller said that 'a judicial coup' was underway in the country and that the executive had 'absolute authority' to withdraw visa without assessment by the courts.
“This judicial coup by a handful of Marxist judges to frustrate that the effort can only be seen as an attack on democracy,” said Miller.
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