Is Stephen Miller Going Too Far?

Now that President Trump finds himself tangled up in controversies as usual, maybe we should look at those in his inner circle who are advising him to do and say what he does. Based on recent events, there’s little doubt that White House Deputy Chief of Staff Stephen Miller is one of Trump’s most trusted advisors. Is Miller the power behind the throne that is helping determine Trump’s seemingly hardline stance on deporting illegal aliens, including a possible suspension of habeas corpus? Let’s see.

First of all, what is habeas corpus? According to the Oxford Dictionary, habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention (or, in the case of an illegal immigrant, their deportation). According to the Google/AI explanation of why this applies to non-citizens of the United States: “Habeas corpus applies to non-citizens because it's a fundamental right designed to prevent arbitrary detention and ensures judicial review of the legality of any restraint on an individual's liberty, regardless of their citizenship. This principle, rooted in English common law, has been understood to be available to both citizens and foreigners within a nation's jurisdiction.” According to the U.S. Constitution, only Congress can suspend habeas corpus unless it is necessary to do so in times of rebellion or invasion. President Abraham Lincoln actually did so during the Civil War, clearly a case of rebellion, and Lincoln went so far as to defy a Supreme Court decision stating that he did not have the authority to do so.

Regarding immigration policy and the mess Joe Biden and Company got us into, here is where the law collides with reality. That there is now talk of suspending habeas corpus is down to Miller’s position (shared no doubt by Trump) that we are in a situation of “invasion.” This position could be argued from here to eternity, but it seems that the judges being called upon to rule on this are not going to buy the “invasion” premise to justify a suspension of habeas corpus. The real problem is how in the world the approximately 20 million illegals who streamed into our country under Biden can possibly be injected into an already overwhelmed court system to get their day in court before being deported? Seems to me that this is the main issue that must be addressed before seeking relief from Constitutional requirements.

Clearly, President Trump wants strong-minded people like Miller around him who are true believers in what Trump wants to accomplish, and are willing to bend the law to the breaking point to get there. And this is where, in my opinion, the train can go off the track. The problem arises when Miller floats the idea of suspending habeas corpus for illegal aliens without an adequate explanation of why it’s alright in his opinion to bypass the norm of Congressional approval. Simply claiming that this action is needed to repel an “invasion” of illegals doesn’t cut it, because such pronouncements (1) won’t be supported by most judges, and (2) feed into the left’s claims that Trump wants to “destroy democracy by shredding the Constitution.” The Dems will keep hammering away at Trump’s alleged dictatorial tendencies until the day he leaves office, and probably beyond that – they don’t need to be given more ammunition.

Then there is the matter of how the issue is being approached for resolution. Issues like this one and the “big, beautiful bill” can lead one to believe that Trump, Miller, et al. don’t have much faith in Congress, Speaker Johnson in particular, to get the job done. Maybe they are justified in this belief; after all, past Republican failures to stand up to the Democrats' outrageousness have brought us to this point. And now, the Dems can sit back with straight faces and claim that the millions of illegals who should be deported must have their day in court first. Never mind that if it wasn’t for their allowing the flood of illegals in to begin with, and with little or no vetting, we wouldn’t be in this predicament. The impracticality of actually processing millions of illegals through the courts either doesn’t occur to them, or they simply don’t care. All they know is, they have what they think is a fabulous talking point in their quivers for the 2026 midterms.

Bottom line: This situation is crying out for a practical solution and some compromise from both sides. Whether this will happen is anyone’s guess.