WASHINGTON (AP) — White House deputy chief of staff Stephen Miller says President Donald Trump is looking for ways to expand its legal power to deport migrants who are in the United States illegally. To achieve that, he says the administration is “actively looking at” suspending habeas corpus, the constitutional right for people to legally challenge their detention by the government.
Such a move would be aimed at migrants as part of the Republican president's broader crackdown at the U.S.-Mexico border.
“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.
“So, I would say that’s an option we’re actively looking at," Miller said. “Look, a lot of it depends on whether the courts do the right thing or not.”
The Latin term means “that you have the body." Federal courts use a writ of habeas corpus to bring a prisoner before a neutral judge to determine if imprisonment is legal.
Habeas corpus was included in the Constitution as an import from English common law. Parliament enacted the Habeas Corpus Act of 1679, which was meant to ensure that the king released prisoners when the law did not justify confining them.
The Constitution's Suspension Clause, the second clause of Section 9 of Article I, states that habeas corpus “shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.”
Yes. The United States has suspended habeas corpus under four distinct circumstances during its history. Those usually involved authorization from Congress, something that would be nearly impossible today — even at Trump's urging — given the narrow Republican majorities in the House and Senate.
President Abraham Lincoln suspended habeas corpus multiple times amid the Civil War, beginning in 1861 to detain suspected spies and Confederate sympathizers. He ignored a ruling from Roger Taney, who was the Supreme Court chief justice but was acting in the case as a circuit judge. Congress then authorized suspending it in 1863, which allowed Lincoln to do so again.
Congress acted similarly under President Ulysses S. Grant, suspending habeas corpus in parts of South Carolina under the Civil Rights Act of 1871. Also known as the Ku Klux Klan Act, it was meant to counter violence and intimidation of groups opposing Reconstruction in the South.
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.”
It can try. Miller suggested that the U.S. is facing “an invasion” of migrants. That term was used deliberately, though any effort to suspend habeas corpus would spark legal challenges questioning whether the country was facing an invasion, let alone presenting extraordinary threats to public safety.
Federal judges have so far been skeptical of the Trump administration's past efforts to use extraordinary powers to make deportations easier, and that could make suspending habeas corpus even tougher.
Trump argued in March that the U.S. was facing an “invasion” of Venezuelan gang members and evoked the Alien Enemies Act of 1798, a wartime authority he has tried to use to speed up mass deportations.
His administration acted to swiftly deport alleged members of Tren de Aragua to a notorious prison in El Salvador, leading to a series of legal fights.
Federal courts around the country, including in New York, Colorado, Texas and Pennsylvania, have since blocked the administration's uses of the Alien Enemies Act for many reasons, including amid questions about whether the country is truly facing an invasion.
Miller, who has been fiercely critical of judges ruling against the administration, advanced the argument that the judicial branch may not get to decide.
“Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases,” he said Friday.
That statute was approved by Congress in 1952 and there were important amendments in 1996 and 2005. Legal scholars note that it does contain language that could funnel certain cases to immigration courts, which are overseen by the executive branch.
Still, most appeals in those cases would largely be handled by the judicial branch, and they could run into the same issues as Trump's attempts to use the Alien Enemies Act.
Technically not since Pearl Harbor, though habeas corpus has been at the center of some major legal challenges more recently than that.
Republican President George W. Bush did not move to suspend habeas corpus after the Sept. 11 attacks, but his administration subsequently sent detainees to Guantanamo Bay, Cuba, drawing lawsuits from advocates who argued the administration was violating it and other legal constitutional protections.
The Supreme Court ruled in 2008 that Guantanamo detainees had a constitutional right to habeas corpus, allowing them to challenge their detention before a judge. That led to some detainees being released from U.S. custody.
Associated Press writer Mark Sherman contributed to this report.
FILE - A security guard poses for a photo next to the group holding cells during a media tour of the Port Isabel Detention Center (PIDC), hosted by U.S. Immigration and Customs Enforcement (ICE) and Harlingen Enforcement and Removal Operations (ERO) in Los Fresnos, Texas, June 10, 2024. (Veronica Gabriela Cardenas/Pool Photo via AP, File)
FILE - Detainees held at El Valle Detention Center in Raymondville, Texas are seen outside briefly, Thursday, May 1, 2025, after a federal judge in the district barred the Trump administration from deporting any Venezuelans from South Texas under the Alien Enemies Act, an 18th-century wartime law. (AP Photo/Valerie Gonzalez, File)
White House Deputy Chief of Staff Stephen Miller speaks to reporters outside the White House, Friday, May 9, 2025, in Washington. (AP Photo/Mark Schiefelbein)
U.S. President Donald Trump says Iran has proposed negotiations after his threat to strike the Islamic Republic as an ongoing crackdown on demonstrators has led to hundreds of deaths.
Trump said late Sunday that his administration was in talks to set up a meeting with Tehran, but cautioned that he may have to act first as reports mount of increasing deaths and the government continues to arrest protesters.
“The meeting is being set up, but we may have to act because of what’s happening before the meeting. But a meeting is being set up. Iran called, they want to negotiate,” Trump told reporters on Air Force One on Sunday night.
Iran did not acknowledge Trump’s comments immediately. It has previously warned the U.S. military and Israel would be “legitimate targets” if America uses force to protect demonstrators.
The U.S.-based Human Rights Activists News Agency, which has accurately reported on past unrest in Iran, gave the death toll. It relies on supporters in Iran cross checking information. It said at least 544 people have been killed so far, including 496 protesters and 48 people from the security forces. It said more than 10,600 people also have been detained over the two weeks of protests.
With the internet down in Iran and phone lines cut off, gauging the demonstrations from abroad has grown more difficult. Iran’s government has not offered overall casualty figures.
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A witness told the AP that the streets of Tehran empty at the sunset call to prayers each night.
Part of that stems from the fear of getting caught in the crackdown. Police sent the public a text message that warned: “Given the presence of terrorist groups and armed individuals in some gatherings last night and their plans to cause death, and the firm decision to not tolerate any appeasement and to deal decisively with the rioters, families are strongly advised to take care of their youth and teenagers.”
Another text, addressed “Dear parents,” which claimed to come from the intelligence arm of the paramilitary Revolutionary Guard, also directly warned people not to take part in demonstrations.
The witness spoke to the AP on condition of anonymity due to the ongoing crackdown.
—- By Jon Gambrell in Dubai, United Arab Emirates
Iran drew tens of thousands of pro-government demonstrators to the streets Monday in a show of power after nationwide protests challenging the country’s theocracy.
Iranian state television showed images of demonstrators thronging Tehran toward Enghelab Square in the capital.
It called the demonstration an “Iranian uprising against American-Zionist terrorism,” without addressing the underlying anger in the country over the nation’s ailing economy. That sparked the protests over two weeks ago.
State television aired images of such demonstrations around the country, trying to signal it had overcome the protests, as claimed by Iranian Foreign Minister Abbas Araghchi earlier in the day.
China says it opposes the use of force in international relations and expressed hope the Iranian government and people are “able to overcome the current difficulties and maintain national stability.”
Chinese Foreign Ministry spokesperson Mao Ning said Monday that Beijing “always opposes interference in other countries’ internal affairs, maintains that the sovereignty and security of all countries should be fully protected under international law, and opposes the use or threat of use of force in international relations.”
German Chancellor Friedrich Merz condemned “in the strongest terms the violence that the leadership in Iran is directing against its own people.”
He said it was a sign of weakness rather than strength, adding that “this violence must end.”
Merz said during a visit to India that the demonstrators deserve “the greatest respect” for the courage with which “they are resisting the disproportional, brutal violence of Iranian security forces.”
He said: “I call on the Iranian leadership to protect its population rather than threatening it.”
Iran’s Foreign Ministry spokesman on Monday suggested that a channel remained open with the United States.
Esmail Baghaei made the comment during a news conference in Tehran.
“It is open and whenever needed, through that channel, the necessary messages are exchanged,” he said.
However, Baghaei said such talks needed to be “based on the acceptance of mutual interests and concerns, not a negotiation that is one-sided, unilateral and based on dictation.”
The semiofficial Fars news agency in Iran, which is close to the paramilitary Revolutionary Guard, on Monday began calling out Iranian celebrities and leaders on social media who have expressed support for the protests over the past two weeks, especially before the internet was shut down.
The threat comes as writers and other cultural leaders were targeted even before protests. The news agency highlighted specific celebrities who posted in solidarity with the protesters and scolded them for not condemning vandalism and destruction to public property or the deaths of security forces killed during clashes. The news agency accused those celebrities and leaders of inciting riots by expressing their support.
Canada said it “stands with the brave people of Iran” in a statement on social media that strongly condemned the killing of protesters during widespread protests that have rocked the country over the past two weeks.
“The Iranian regime must halt its horrific repression and intimidation and respect the human rights of its citizens,” Canada’s government said on Monday.
Iran’s foreign minister claimed Monday that “the situation has come under total control” after a bloody crackdown on nationwide protests in the country.
Abbas Araghchi offered no evidence for his claim.
Araghchi spoke to foreign diplomats in Tehran. The Qatar-funded Al Jazeera satellite news network, which has been allowed to work despite the internet being cut off in the country, carried his remarks.
Iran’s foreign minister alleged Monday that nationwide protests in his nation “turned violent and bloody to give an excuse” for U.S. President Donald Trump to intervene.
Abbas Araghchi offered no evidence for his claim, which comes after over 500 have been reported killed by activists -- the vast majority coming from demonstrators.
Araghchi spoke to foreign diplomats in Tehran. The Qatar-funded Al Jazeera satellite news network, which has been allowed to work despite the internet being cut off in the country, carried his remarks.
Iran has summoned the British ambassador over protesters twice taking down the Iranian flag at their embassy in London.
Iranian state television also said Monday that it complained about “certain terrorist organization that, under the guise of media, spread lies and promote violence and terrorism.” The United Kingdom is home to offices of the BBC’s Persian service and Iran International, both which long have been targeted by Iran.
A huge crowd of demonstrators, some waving the flag of Iran, gathered Sunday afternoon along Veteran Avenue in LA’s Westwood neighborhood to protest against the Iranian government. Police eventually issued a dispersal order, and by early evening only about a hundred protesters were still in the area, ABC7 reported.
Los Angeles is home to the largest Iranian community outside of Iran.
Los Angeles police responded Sunday after somebody drove a U-Haul box truck down a street crowded with the the demonstrators, causing protesters to scramble out of the way and then run after the speeding vehicle to try to attack the driver. A police statement said one person was hit by the truck but nobody was seriously hurt.
The driver, a man who was not identified, was detained “pending further investigation,” police said in a statement Sunday evening.
Shiite Muslims hold placards and chant slogans during a protest against the U.S. and show solidarity with Iran in Lahore, Pakistan, Sunday, Jan. 11, 2026. (AP Photo/K.M. Chaudary)
Activists carrying a photograph of Reza Pahlavi take part in a rally supporting protesters in Iran at Lafayette Park, across from the White House, in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)
Activists take part in a rally supporting protesters in Iran at Lafayette Park, across from the White House in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)
Protesters burn the Iranian national flag during a rally in support of the nationwide mass demonstrations in Iran against the government in Paris, Sunday, Jan. 11, 2026. (AP Photo/Michel Euler)
