1. United States
2. Letter

The Trump administration’s consideration of suspending habeas corpus is an alarming threat to constitutional order. Habeas corpus—the right of individuals to challenge unlawful detention—stands at the heart of due process protections. It is enshrined in Article I, Section 9 of the Constitution, and may only be suspended in cases of rebellion or invasion. Labeling immigration as an “invasion” is not a legal justification to nullify this core right. White House officials, including Deputy Chief of Staff Stephen Miller, have stated publicly that they are “actively looking at” suspending habeas corpus to expedite deportations. Legal scholars across the political spectrum, including Professor Steve Vladeck of Georgetown Law, have made clear that such action would be unconstitutional and would subvert judicial independence (New Yorker, May 2025). This effort is part of a broader pattern. The administration has used the Alien Enemies Act to bypass due process in deportations—efforts blocked by federal courts—and has ignored multiple court rulings in immigration cases (The Guardian, May 2025; Wikipedia, Deportation of Kilmar Abrego Garcia). This is not the behavior of a government committed to law and liberty—it is the behavior of one testing the boundaries of unchecked power. The Court must remain a backstop against this erosion of constitutional protections. I urge you to be unequivocal in rejecting any executive claim to suspend habeas corpus in these circumstances. The legitimacy of our legal system and the foundation of our democracy depend on it.