"Option we are actively considering": Trump administration threatens migrants with deprivation of basic rights

Fundamental rights also apply to migrants living illegally in the United States—for now. The Trump administration is apparently considering overturning one of the fundamental principles of Anglo-Saxon law. Those affected would then be unable to defend themselves against detention.

In light of numerous lawsuits filed by migrants against their deportation from the United States, the US government is threatening to "suspend" their rights to sue. US President Donald Trump is considering suspending the protected "right to physical liberty" as part of his comprehensive crackdown on migrants, his adviser Stephen Miller told reporters. "A lot depends on whether the courts do the right thing or not," he added.

Miller referred to the so-called writ of habeas corpus, one of the fundamental principles of Anglo-Saxon law. It guarantees everyone the right to challenge their arrest or detention before a judge if they believe it to be arbitrary. Suspending judicial review of the legality of a detention is "an option we are actively exploring," Miller explained. He justified this by citing the U.S. Constitution, which states "clearly that the law of habeas corpus can be suspended in times of invasion." This has happened very rarely in U.S. history.

Emergency as a basis

Before the 2024 presidential election, Trump campaigned on a tough stance against irregular migration and promised the largest deportation campaign in US history. Shortly after taking office, he declared a state of emergency, which laid the groundwork for further measures.

The US president's approach is highly controversial. It repeatedly encounters legal hurdles – for example, in the dispute over the deportation of suspected Venezuelan gang members based on a centuries-old wartime law. Trump argues that there are too many illegal immigrants and that not every case can be examined individually. Legally, those affected should therefore be considered "as a group." Trump accuses federal judges who take a different view of blocking his agenda for political reasons.