Sen. John Barrasso (R-Wyo.) on Sunday weighed in on the Trump administration’s efforts to suspend habeas corpus to advance its goal of ramping up deportations, saying he does not expect the issue to come before Congress.
During a press conference last week, White House deputy chief of staff for policy and homeland security adviser Stephen Miller said President Donald Trump’s team is “actively looking” at suspending the constitutional provision, which guarantees that individuals are able to physically appear in front of a judge if they are detained, due to a supposed immigrant invasion at the southern border of the U.S.
“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.
In an interview with NBC’s “Meet the Press,” Barrasso, the Senate majority whip, did not directly answer whether he would vote in favor of a suspension if the issue ever came before the U.S. Senate.
“I don’t believe this is going to come to Congress,” Barrasso said. “What I believe is the president is going to follow the law. He has said it repeatedly.”
Congress is the only body with the power to suspend the writ, according to legal scholars.
Habeas corpus has been suspended just four times since the Constitution was ratified, according to the National Constitution Center, a nonprofit organization focused on constitutional education and debate.
Barrasso also seemed to suggest that Trump’s relentless attacks on the courts are justified.
“The president has now seen judges, district judges, radical district judges using their courts to set national standards making it harder for the president to deport individuals, criminals,” Barrasso said. “And I stand with the president.”
Earlier this year, the administration invoked the 1798 Alien Enemies Act, a law that gives the president broad powers to detain and deport foreigners, as justification to deport Venezuelans without due process.
Courts have repeatedly ruled against the president on the issue with U.S. District Judge Alvin Hellerstein telling Trump’s lawyers last week that they have failed to prove there’s an “invasion” or “predatory inclusion” that would warrant invoking the measure.
