Stephen Miller, senior advisor to Donald Trump, said Friday that the administration is considering suspending a major part of the U.S. Constitution—the right for migrants to challenge their detention in court.
“The Constitution is clear,” Miller told reporters. “So it’s an option we’re actually looking at, but a lot of it depends on whether the court will do the right thing or not.” He pointed to a constitutional clause that allows the suspension of habeas corpus during times of invasion.
Habeas corpus is a legal protection that lets people held by the government ask a judge to review whether their detention is lawful. In immigration cases, it allows migrants to question how long they’re being held or the conditions they face while waiting for deportation.
Miller’s comments, first reported by Bloomberg, came after a federal judge in Vermont ordered the release of a Tufts University doctoral student. The student had been swept up in a Trump-led crackdown on pro-Palestinian student protests.
Miller attacked the court’s ruling and blamed what he called a “judicial coup.” He said the Trump administration had “absolute authority” to revoke student visas without courts getting involved.
“This judicial coup by a handful of Marxist judges to frustrate that effort can only be understood as an attack on democracy,” Miller said.
He argued that stripping migrants of court access is key to speeding up deportations.
Watch the clip below from ABC News:
