The Trump administration weighs suspending habeas corpus rights.

 A senior aide to President Donald Trump has stated that the administration is "actively considering" suspending habeas corpus, the constitutional right allowing individuals to challenge their detention in court.

Stephen Miller, the White House Deputy Chief of Staff, informed reporters on Friday that the U.S. Constitution permits suspension of this right during periods of "rebellion or invasion."

Miller's remarks come amid ongoing legal challenges to certain detentions made under the Trump administration's policies aimed at curbing illegal immigration and expelling foreign students critical of U.S. policies.

"A lot of it depends on whether the courts do the right thing or not," Miller commented.

Several civil lawsuits are currently addressing the Trump administration’s deportation practices involving undocumented migrants and habeas corpus issues.

In one case, a federal judge ordered the release of a Turkish university student who had been detained for six weeks after publishing an article critical of Israel. Another judge recently ruled that a Columbia University student detained over his support for Palestinians be released.

However, other judges have sided with the administration in similar cases.

Miller referred to habeas corpus as a "privilege," arguing that Congress had already passed laws limiting the judicial review of immigration cases.

Critics, including Marc Elias, an attorney for the Democratic Party, have challenged Miller's interpretation, asserting that only Congress can suspend habeas corpus, not the president.

Trump’s administration has been focused on speeding up deportations as part of his campaign promise to remove millions of undocumented immigrants from the U.S. Despite this, deportations have not kept pace with detentions, and errors have occurred, such as an individual being mistakenly deported.

According to CNN, Trump himself has been involved in discussions regarding the potential suspension of habeas corpus, though he has not publicly mentioned it. However, he has indicated plans to counteract legal injunctions that hinder deportation efforts.

Habeas corpus, a key legal protection dating back to the 12th century, allows individuals to be brought before a judge to review the legality of their detention. It has been suspended four times in U.S. history: during the Civil War, after Pearl Harbor, in the Philippines in the early 1900s, and in the fight against the Ku Klux Klan in the 19th century.

The U.S. Constitution grants Congress, not the president, the authority to suspend habeas corpus.