White House policy adviser Stephen Miller said the Trump administration is “actively looking at” suspending the writ of habeas corpus to address illegal immigration, citing the Constitution’s allowance during times of “invasion.”

Miller criticized judges blocking deportations and suggested the courts are undermining both the executive and legislative branches.

The writ, a constitutional right to challenge unlawful detention, has only been suspended four times in U.S. history—typically with congressional approval, CNBC has reported.

Legal scholars, including Justice Amy Coney Barrett, emphasize that such a suspension likely requires Congress’s consent.

Written by B.C. Begley