File:Looking at suspending habeas corpus.jpeg

Via Washington Post

May 10, 2025

• https://wapo.st/4dccS0h

President Donald Trump and his administration have repeatedly asserted that the U.S. is facing an “invasion” requiring the deportation of undocumented migrants under the Alien Enemies Act, a law that would allow the deportation of noncitizens with little to no due process.

However, the administration keeps losing that argument in court — including on Tuesday, when a federal judge said the White House has failed to prove the existence of an “invasion” or another conflict that would justify invoking the Alien Enemies Act...

The Constitution does not allow the suspension of habeas corpus solely because an “invasion” is declared by the executive branch. The document states in Article I that it can be suspended only “in Cases of Rebellion or Invasion [when] the public Safety may require it.”

That right, which allows an individual to petition their detention in court, also extends to noncitizens held within the United States. Several legal efforts challenging Trump’s deportation efforts are based on habeas petitions.

Trump and members of his administration have repeatedly vilified federal judges over what they see as unfair rulings against their expanded use of executive authority, calling for the impeachment of judges who have ruled against them.

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More re: the US Constitution and rights under the law:

The 'Great Writ of Liberty'

• https://en.wikipedia.org/wiki/Habeas_corpus

The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9. This states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".

Habeas Corpus, a legal standard internationally:

International human rights standards

Article 3 of the Universal Declaration of Human Rights provides that "everyone has the right to life, liberty and security of person". Article 5 of the European Convention on Human Rights goes further and calls for persons detained to have the right to challenge their detention, providing at article 5.4:

Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

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