A writ of habeas corpus requires authorities to produce in court an individual they are holding and justify their confinement. Article I of the Constitution says the "privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Trump advisor Stephen Miller suggested Friday the Trump administration is considering suspending the writ of habeas corpus to more easily detain immigrants—meaning denying them the right to protest their detention—the latest suggestion by Trump officials that they want to get rid of traditional legal processes in order to carry out their hardline immigration agenda.