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.
A new book reports that the Trump administration, with President Trump's backing, considered suspending habeas corpus rights for undocumented immigrants in early 2025 to expedite deportations. White House staff secretary Will Scharf authored a memo on the matter, noting the Constitution allows suspension during rebellion or invasion.

The report highlights a significant consideration by the Trump administration regarding the suspension of fundamental legal rights for undocumented immigrants, raising concerns about civil liberties and the rule of law.
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.
Administration officials, with President Trump's backing, reportedly considered this measure during the initial months of his second term. This move comes amid a broader context of strict immigration crackdowns by the administration, which have drawn criticism. Previously, White House deputy chief of staff Stephen Miller had stated that the administration was "actively looking at" suspending habeas corpus, emphasizing that the Constitution permits it during times of invasion.
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