1. United States
2. Calif.
3. Letter

I am writing to express grave concern over recent comments made by White House Deputy Chief of Staff Stephen Miller indicating that the administration is “actively looking at” suspending the writ of habeas corpus in the name of immigration enforcement. This is not only constitutionally dubious—it is a direct threat to the rule of law. As you know, the Suspension Clause in Article I, Section 9 of the U.S. Constitution gives Congress—not the Executive—the sole authority to suspend habeas corpus, and then only “in Cases of Rebellion or Invasion.” Multiple federal courts have already ruled that the current immigration situation does not meet the constitutional threshold of an “invasion.” Therefore, even contemplating such a suspension under current conditions lacks both legal merit and historical justification. The mere fact that the Executive Branch is seriously entertaining this idea—as publicly confirmed by Mr. Miller—warrants immediate congressional investigation. Any administration that threatens to unilaterally nullify core constitutional rights in defiance of judicial rulings must be held accountable. If these inquiries uncover actions that violate the Constitution or represent a pattern of authoritarian overreach, Congress must not shy away from initiating impeachment proceedings and pursuing conviction if warranted. Moreover, the justification being floated—characterizing undocumented immigration as an “invasion”—has already been rejected by multiple federal courts, including those presided over by judges appointed by President Trump himself. There is no legal or factual basis for declaring such an extraordinary measure, which has historically only been used in the gravest of national emergencies, such as the Civil War or wartime attacks on U.S. soil. This kind of reckless legal experimentation—throwing policy ideas at the wall to see what sticks—undermines the rule of law and constitutional order. It is essential that Congress, as the rightful steward of this authority, draw a clear line and reaffirm its exclusive role in such decisions. Silence or passivity in this moment could set a dangerous precedent with long-term consequences for our democracy. I respectfully urge you to issue a public statement defending congressional authority over habeas corpus, oppose any executive overreach on this matter, and consider legislative action if necessary to preserve this vital constitutional protection. The Framers designed our system to prevent exactly this kind of unchecked executive power. I urge you to uphold your oath to support and defend the Constitution by taking this threat seriously, issuing a clear public response, and exercising Congress’s oversight authority without delay. Thank you for your time and service.