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Stephen Miller Says Trump Is Mulling Killing Habeas Corpus for Detained Migrants

White House Deputy Chief of Staff for Policy Stephen Miller smiled with glee as he revealed that the Trump administration is “actively looking” into suspending habeas corpus for detained migrants.

Miller spoke with reporters outside the White House on Friday and made the comment as he answered questions about President Donald Trump‘s agenda to further crack down on illegal immigration.

WASHINGTON, DC - MAY 09: White House Deputy Chief of Staff Stephen Miller talks to reporters outside of the White House West Wing on May 09, 2025 in Washington, DC. Miller talked about recent federal court rulings on immigration, calling them part of a "judicial coup" against the administration of President Donald Trump. (Photo by Chip Somodevilla/Getty Images)
White House Deputy Chief of Staff Stephen Miller speaks to reporters about the Trump administration’s plans to further its crackdown on illegal immigration. Chip Somodevilla/Getty Images

Habeas corpus gives detained persons the right to challenge their detention in court, but Miller claimed that the administration was considering how “the privilege of the writ of habeas corpus could be suspended in time of invasion.”

Miller added, “So that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not.” Miller appeared to imply that the “right thing” would be for the courts to allow the administration to deport undocumented immigrants without due process.

On the subject of immigration, Miller was also asked about border czar Tom Homan seemingly threatening New York City Mayor Eric Adams to comply with ICE operations in the Big Apple.

He responded that the Trump administration intends to “pursue immigration enforcement and cooperation in every city,” and anyone standing in their way will “face the appropriate legal consequences.” He added, “That applies to Eric Adams, and that applies to every other mayor in this country. The law is the law is the law.”

Miller pointed to the administration’s plans to receive and help white South Africans as an example of utilizing the US Refugee Admissions Program how “it was intended” to be used.

He said, “What’s happening in South Africa fits the textbook definition of why the refugee program was created. This is persecution based on a protected characteristic, in this case, race. This is race-based persecution.”

Miller was asked about potentially becoming national security adviser after Mike Waltz’s ousting. To which he responded, “I am very thrilled with the job that I currently have.”

According to Miller, “My focus right now is, I’m supporting Secretary Rubio Marco,” whom he called a “close friend” and “truly one of the all-stars in this government.”

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