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."

Stephen Miller, a top White House adviser, said the administration is looking for ways to expand its legal power to deport migrants who are in the country illegally.

Stephen Miller said the White House “actively looking at” suspending habeas corpus, the right to challenge the legality of one's detention by the government.