Stephen Miller, a top adviser to former President Trump, indicated that the Trump administration is exploring ways to eliminate due process protections for unauthorized immigrants. Speaking to reporters, Miller referenced the Constitution’s provision allowing for the suspension of habeas corpus during times of invasion, suggesting that this action is under consideration depending on court decisions. He criticized the judiciary, claiming that “radical rogue judges” are obstructing executive and legislative actions related to immigration.
Miller’s comments reflect Trump’s ongoing frustration with constitutional due process provisions, which Trump believes impede his administration’s mass deportation efforts. In a recent interview, Trump expressed his exasperation, stating that these legal protections create unnecessary delays, especially when dealing with individuals he portrays as serious criminals, such as murderers and drug dealers. When pressed by reporter Kristen Welker about whether he believes he should uphold the Constitution, Trump responded ambiguously, asserting that his lawyers would follow Supreme Court guidance.
The administration has applied unconventional legal strategies to bypass due process, notably invoking the Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua. However, federal judges have disputed the administration’s characterization of the gang’s activities as constituting an invasion.
The White House has not clarified whether Miller’s remarks pertain to specific groups of unauthorized immigrants or all individuals in the country illegally, nor has it expounded on what “the right thing” means in the context of judicial decisions. This situation underscores the heightened tensions between the executive and judicial branches over immigration policy.
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