Context:

Stephen Miller, a top Trump adviser, stated that the administration is considering suspending due process for unauthorized immigrants, citing the constitutional provision that allows the suspension of habeas corpus during an invasion. Miller's comments reflect President Trump's ongoing frustration with constitutional protections that hinder rapid mass deportations. Despite the courts' established recognition of basic rights for noncitizens, Trump expressed discontent over the time-consuming nature of due process, suggesting an overwhelming number of trials would be needed. The administration has previously bypassed due process in deportation cases by using the Alien Enemies Act, specifically against alleged members of the Venezuelan gang Tren de Aragua. Although Miller emphasized that the courts lack jurisdiction in immigration cases, three federal judges have disputed the administration's interpretation of an invasion regarding the gang's activities.

Dive Deeper:

• Stephen Miller indicated that the Trump administration is exploring the suspension of due process for migrants, based on a constitutional provision that allows for such measures during an invasion. He did not specify which groups of migrants might be targeted or elaborate on what he meant by expecting the courts to do 'the right thing'.

• President Trump has repeatedly expressed his dissatisfaction with the slow pace of mass deportations due to constitutional protections, particularly those outlined in the Fifth Amendment, which ensures no person is deprived of life, liberty, or property without due process of law.

• During an interview, Trump was challenged on the constitutional requirement to provide due process, to which he responded with uncertainty, relying instead on his legal team's expertise and the Supreme Court's guidance.

• The administration has already circumvented due process in certain deportation cases by invoking the Alien Enemies Act to detain alleged members of the Tren de Aragua gang, labeling their actions as an invasion or predatory incursion.

• Federal judges have contested the administration's characterization of the gang's criminal activities as an invasion, highlighting a legal disagreement over the application of the Alien Enemies Act in these cases.

• Miller criticized the judiciary, claiming that the courts are in conflict not just with the executive branch but also with the legislative branch, which could influence President Trump's decisions on immigration policy.

• The potential suspension of due process for immigrants raises significant legal and ethical concerns, as it challenges established rights and the balance of power among the branches of government.