Key facts
- The Trump administration considered suspending habeas corpus rights for undocumented immigrants.
- This consideration occurred in the early months of President Trump's second term, around April 2025.
- White House staff secretary Will Scharf authored a memo on the matter.
- The memo noted that the Constitution permits suspending habeas corpus during rebellion or invasion.
- White House deputy chief of staff Stephen Miller had previously indicated the administration was exploring this option.
The Trump administration explored the possibility of suspending habeas corpus rights for undocumented immigrants in an effort to speed up deportations, according to a new book by New York Times reporters Jonathan Swan and Maggie Haberman. The book, "Regime Change: Inside the Imperial Presidency of Donald Trump," details a memo authored by White House staff secretary Will Scharf to Chief of Staff Susie Wiles in April 2025. The memo signaled that the administration was considering pausing these rights, with Scharf noting that the Constitution allows for such a suspension only in cases of rebellion or invasion.