May 10, 2025

Trump and the courts

NBC News -Top Trump adviser Stephen Miller said that the administration is “actively looking at” ways to end due process protections for unauthorized immigrants in the country. In his comments, Miller accused the courts of being “at war with the executive branch” in ruling against the administration’s mass deportations. 

It’s unclear whether the administration is interested in suspending due process for all people in the country illegally, or a specific group.

The Supreme Court has long recognized that noncitizens have certain basic rights and held in a ruling last month that the people the government wants to deport are entitled to due process. Trump has repeatedly complained that those protections take too much time. “I was elected to get them the hell out of here, and the courts are holding me from doing it,” he said in an interview with “Meet the Press” moderator Kristen Welker.

Miller also cited the constitutional clause that allows habeas corpus to be suspended during times of invasion. Trump claimed the U.S. was being invaded when he invoked the rarely used Alien Enemies Act to deport alleged Tren de Aragua gang members to El Salvador. Three federal judges have found that the gang’s criminal activities do not equate to an invasion.

The last time due process was suspended was in Hawaii after the attack on Pearl Harbor. Read the full story here.

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