The Trump administration has voiced their interests in suspending the writ of habeas corpus amid its crackdown on immigration. The statement has caused dissent throughout the U.S., and for good reason: Habeas corpus means “you shall have the body” in Latin, and is one of the core freedoms highlighted in the U.S. Constitution. It prevents people from being unlawfully detained and is a crucial safeguard against illegal imprisonment. 

Habeas corpus finds its roots in the Magna Carta, stemming all the way from 1215. The Magna Carta, which limited the amount of power for monarchs, only further highlights the necessity of habeas corpus. The ideology is a common law found in countries all over the world, including the United Kingdom, Canada, India, Pakistan, and Australia, among many others. 

The situation that could result from the suspension of habeas corpus for Americans is dire; any American, whether a citizen or non-citizen, can be imprisoned for any reason and for an indefinite amount of time without the chance to dispute their detainment in court. 

But the Trump administration doesn’t find habeas corpus to be a fundamental American right. In a recent congressional committee, Homeland Security Secretary Kristi Noem called it “a constitutional right that the president has to be able to remove people from this country and suspend their rights.” In fact, they believe that the United States has entered a crisis that demands for habeas corpus to be removed.

Habeas corpus has been suspended multiple times in American history during times of invasion in the Civil War, during violence from the Ku Klux Klan, during an insurrection in the American-held Philippines, and following the attack on Pearl Harbor. In other words, habeas corpus is suspended in times of invasion, which is how the Trump Administration is trying to justify the suspension. White House Deputy Chief of Staff Stephen Miller said, in an interview, “Habeas corpus can be suspended in a time of invasion… I would say that’s an option we’re looking at,” implying that the current situation of immigration is an “invasion.” 

This opinion stems from recent deportations of immigrants believed to be connected to Venezuelan gangs, however, many of those deported for this reason were denied due process and never even given the opportunity to dispute this claim. 

Despite the claims that the U.S. is being invaded, it is obvious that nothing close to the matter is occurring today. The suspension of habeas corpus could have dire consequences for all Americans, and if allowed to continue, will only further increase the power of the executive branch.