I wanted to pass along a new piece from Cato Institute Adjunct Scholar Stephen Richer on the proposal to suspend the writ of habeas corpus.

Earlier this month, White House Deputy Chief of Staff Stephen Miller said that the Trump administration is “actively looking at” suspending the writ of habeas corpus for suspected illegal immigrants. The constitutionally enshrined right of habeas corpus guarantees that those detained by the United States government can challenge that detention in court.

If Miller and Trump try to suspend habeas corpus, they will likely lose in the courts, Richer says. And at the same time that the government is making legal arguments that we are suffering an “invasion” and therefore can suspend habeas corpus or invoke the Alien Enemies Act, the Trump administration is also trumpeting that it has effectively put an end to illegal immigration.

If you would like to speak with Richer, please contact pr@cato.ogr to set up an interview.