The Source with Kaitlan Collins

Trump Involved In Talks To Potentially Suspend Habeas Corpus

May 10, 2025
Ross Baraka, the Mayor of Newark, New Jersey, shares his experience of being arrested during a protest against an immigration detention facility. He discusses the rising tensions between protesters and law enforcement, reflecting on the broader implications for democracy. Lou Provost, brother of Pope Leo XIV, adds a unique perspective with personal anecdotes about his brother's election. The conversation dives into President Trump’s controversial discussions on suspending habeas corpus, highlighting the potential legal ramifications on immigration policies.
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INSIGHT

Considering Habeas Corpus Suspension

  • The administration is considering suspending habeas corpus to speed deportations, a rare step used only four times in US history.
  • This would mark a significant escalation in the clash between the White House and judiciary over immigration enforcement.
INSIGHT

Legal Challenges to 'Invasion' Claim

  • Courts have not recognized a legal 'invasion' to justify suspending habeas corpus for migrants.
  • The administration's approach may be more intimidation than legally sustainable, given low border crossings and court skepticism.
INSIGHT

Legal Limits on Habeas Corpus

  • Habeas corpus suspension requires a rebellion or invasion threatening public safety, used narrowly and regionally historically.
  • President cannot suspend it alone; Congress must approve, making such suspension legally and politically difficult.
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