Published by TrenBuzz.com | June 16, 2026 | BREAKING
Key Points at a Glance – Habeas Corpus Rights
- A new book called “Regime Change: Inside the Imperial Presidency of Donald Trump” by Maggie Haberman and Jonathan Swan reveals the White House seriously debated suspending habeas corpus for undocumented immigrants.
- Stephen Miller, deputy White House chief of staff, repeatedly pushed Trump to eliminate the constitutional right allowing detainees to challenge their imprisonment in court.
- White House Staff Secretary Will Scharf wrote a secret memo to Chief of Staff Susie Wiles warning the suspension would be unwise and unconstitutional without an act of Congress.
- Miller argued the southern border “invasion” provided constitutional grounds for suspension, which only Congress can authorize.
- The suspension was never implemented, but officials then considered invoking the Insurrection Act against ICE protesters.
- The revelations are drawing alarm from civil liberties groups and legal scholars across the political spectrum.
The most consequential legal debate in modern American immigration history happened in secret, inside the White House, in a memo most Americans never knew existed. Until now.
The White House last year weighed suspending habeas corpus rights, which allow for a challenge of someone’s detention, for immigrants in the country illegally, according to a new book from two New York Times reporters.
What Is Habeas Corpus and Why Does It Matter
Habeas corpus is one of the oldest and most fundamental legal protections in the English-speaking world. Dating back to the Magna Carta of 1215, it is the right that compels the government to bring a detained person before a court and justify their imprisonment. Miller’s goal was to prevent immigrants in government custody from receiving hearings or court orders blocking their deportation.
The Secret Scharf Memo
White House staff secretary Will Scharf reportedly authored a confidential memo dated April 29, 2025, addressed to Chief of Staff Susie Wiles. Scharf pushed back against Miller’s suggestion, noting that courts have long held that habeas corpus cannot be suspended unilaterally by the president and must be done by an act of Congress.
Miller’s Public Defense of the Idea
Miller told reporters at the White House: “The Constitution is clear that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So it’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not.”
What Republicans in Congress Said
During an interview on CBS News’s “Face the Nation,” Rep. Michael McCaul predicted courts would decide whether the White House could take similar steps: “It’s a very extreme measure to take. Any person in the United States under the Constitution has due process rights, so I think the courts are going to decide this one.”
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Disclaimer: This article is for general informational and news reporting purposes only. All facts and quotes are sourced from The Hill, AOL/Nexstar, The New Republic, CBS News, BTimesOnline, Common Dreams, and The Kenya Times as of June 15, 2026. Habeas corpus was not suspended. TrenBuzz.com does not provide legal advice. Readers are encouraged to follow credible news and official government sources for the latest updates.