The Trump administration debated suspending habeas corpus rights for illegal immigrants in the spring of 2025 as part of its push for faster deportations, according to a new book by New York Times reporters Maggie Haberman and Jonathan Swan.
The claims are detailed in excerpts from Regime Change: Inside the Imperial Presidency of Donald Trump, which draws on internal accounts and documents described by the authors.
White House Memo
White House staff secretary Will Scharf reportedly authored a confidential memo dated April 29, 2025, addressed to Chief of Staff Susie Wiles.
The memo laid out constitutional constraints on suspending habeas corpus and examined a proposal linked to deputy chief of staff Stephen Miller to limit court challenges to immigration detentions.
The document reportedly served as both a legal review and an internal warning about the limits of executive authority in immigration enforcement.
Constitutional Constraints
Scharf reminded officials that the U.S. Constitution allows suspension of habeas corpus only “when in Cases of Rebellion or Invasion the public Safety may require it.”
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He emphasized that the remedy has been used sparingly in U.S. history and typically under extraordinary circumstances.
He also warned that bypassing congressional involvement or failing to meet the constitutional threshold could expose the administration to immediate legal and political challenges.
Proposal Aimed at Speeding Up Deportations
The proposal was designed to reduce delays caused by habeas corpus petitions filed by individuals facing removal proceedings.
According to The Hill news report, administration officials viewed these legal challenges as a significant obstacle to accelerating deportations early in Trump’s second term.
Scharf’s memo reportedly functioned as an internal caution, even as senior officials continued to consider the broader enforcement strategy.
On May 9, 2025, deputy chief of staff Stephen Miller told reporters the administration was “actively looking at” suspension of habeas corpus.
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“The Constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said. He added that decisions would depend on how courts handled immigration cases.
Miller’s remarks followed internal discussions that reportedly included President Trump. The Haberman and Swan book describes the idea as gaining traction amid frustration with court rulings affecting immigration enforcement.
No Formal Suspension Was Issued
No order to suspend habeas corpus was ultimately issued. The administration instead continued with other immigration enforcement measures, including expanded operations by Immigration and Customs Enforcement (ICE).
The debate occurred before other immigration-related controversies, including reported fatalities during enforcement actions in Minneapolis, which further intensified scrutiny of federal immigration policy.
The habeas corpus discussion formed part of a wider immigration crackdown, with officials describing irregular border crossings as a form of “invasion” in internal and public messaging.
