Trump team mulls suspending constitutional right of habeas corpus to speed deportations

“The Constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller told reporters outside the White House on Friday. Habeas corpus was suspended in two provinces of the Philippines in 1905, when it was a U.S. territory and authorities were worried about the threat of an insurrection, and in Hawaii after the 1941 bombing of Pearl Harbor, but before it became a state in 1959. Writing before becoming a Supreme Court justice, Amy Coney Barrett co-authored a piece stating that the Suspension Clause “does not specify which branch of government has the authority to suspend the privilege of the writ, but most agree that only Congress can do it.”