Donald Trump‘s administration is floating the idea of suspending habeas corpus, which gives immigrants the right to challenge their detention when they face deportation.

According to the BBC, White House deputy chief of staff Stephen Miller suggested the idea on Friday when he told reporters that the Constitution allows habeas corpus to be suspended during times of “rebellion or invasion.”

“I would say that’s an option we’re actively looking at,” Miller told reporters, per CNBC.

What are the ongoing civil cases challenging Trump’s deportation of undocumented immigrants?

While Trump continues his effort to deport undocumented immigrants without due process, his attempt has been largely blocked by judges. One of the latest cases involves Tufts University student Rumeysa Öztürk, who was released from immigration custody on Friday. Öztürk was imprisoned for 45 days after the administration revoked her student visa. The Trump administration arrested the Turkish student, saying that she “may undermine U.S. foreign policy by creating a hostile environment for Jewish students and indicating support for a designated terrorist organization.”

Öztürk defended herself with a petition for a writ of habeas corpus, stating that she “has not been charged with any crime.” Her defense team also stated her “arrest and detention are designed to punish her speech and chill the speech of others.”

Is it common to suspend the writ of habeas corpus?

Habeas corpus has been suspended four times since the Constitution was first ratified. Congress was the first to authorize the suspension in almost all those cases.

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it,” Article 1, Section 9 of the Constitution states.

habeas corpus

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