Cornell Law says only Congress can suspend the writ of habeas corpus, either by its own legislation or through expressed delegation to the executive branch. “The Executive does not have the independent authority to suspend the writ,” Cornell Law said. Barrett and Katyal’s interpretation said it had been suspended four times before.

White House deputy chief of staff Stephen Miller said Friday that the Trump administration is "actively looking at" suspending habeas corpus, the right of a person to challenge their detention in court.