Wayne State law professor: Suspending Habeas Corpus for immigrants unconstitutional

THE INTERVIEW: Suspending Habeas Corpus for Immigrants Unconstitutional

The Trump administration’s consideration of suspending habeas corpus rights for undocumented immigrants has sparked significant constitutional concerns. White House Deputy Chief of Staff Stephen Miller has suggested that the current influx of migrants constitutes an "invasion," a condition under which the Constitution permits the suspension of habeas corpus—a legal safeguard allowing individuals to challenge unlawful detention in court. However, legal experts argue that such a move would be unconstitutional. Jonathan Weinberg, Distinguished Professor of Law at Wayne State University, emphasized that the authority to suspend habeas corpus resides with Congress and is historically reserved for extreme circumstances like rebellion or invasion.

DETROIT (FOX 2) - The Trump administration’s consideration of suspending habeas corpus rights for undocumented immigrants has sparked significant constitutional concerns. White House Deputy Chief of Staff Stephen Miller has suggested that the current influx of migrants constitutes an "invasion," a condition under which the Constitution permits the suspension of habeas corpus—a legal safeguard allowing individuals to challenge unlawful detention in court.

However, legal experts argue that such a move would be unconstitutional. Jonathan Weinberg, Distinguished Professor of Law at Wayne State University, emphasized that the authority to suspend habeas corpus resides with Congress and is historically reserved for extreme circumstances like rebellion or invasion.

"In the Abrego-Garcia case, the Supreme Court said unanimously that the government can’t spirit people out of the country—can’t just arrest them and send them to El Salvador—without giving them the opportunity to file for habeas corpus," Weinberg noted.

He further dismissed the administration’s framing of immigration as an invasion: "I’m a lawyer, and I know lawyers can make all sorts of arguments. But if the administration argues that we’re in a state of invasion? Number one, I think the Supreme Court wouldn’t buy it."

The debate comes amid growing tensions over immigration enforcement and due process, with experts warning that dismantling habeas corpus rights could set a dangerous precedent affecting not only immigrants but the rule of law itself.