Story perspectives

Trump Admin Weighed Habeas Suspension; Courts Challenge, Supreme Court Reviews

6/17/2026

Summary

Story summary

President Donald Trump’s administration considered suspending habeas corpus for undocumented immigrants, with Stephen Miller saying in May 2025 move was explored to speed deportations.
Will Scharf’s April 2025 memo warned the suspension would exceed limits, which allow it during rebellion or invasion and by Congress.
Federal courts recorded over 41,000 lawsuits between April 2025 and March 2026, while the Supreme Court agreed to review administration’s appeal on detention without bond.

History

Historical Context

During the Civil War, Lincoln suspended habeas corpus in April 1861, a move upheld only after Congress passed the Habeas Corpus Suspension Act on March 3, 1863; the war saw roughly 2,672 civilians detained without trial. The precedent of executive overreach, echoed in the 2025 Trump administration proposal, invites the same judicial scrutiny that followed Lincoln’s actions.

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Story summary

President Donald Trump’s administration considered suspending habeas corpus for undocumented immigrants, with Stephen Miller saying in May 2025 move was explored to speed deportations.
Will Scharf’s April 2025 memo warned the suspension would exceed limits, which allow it during rebellion or invasion and by Congress.
Federal courts recorded over 41,000 lawsuits between April 2025 and March 2026, while the Supreme Court agreed to review administration’s appeal on detention without bond.

1 / 2