Trump’s top adviser Stephen Miller told reporters Friday that the administration is “looking for” ways to end proper procedural protections for unauthorized immigration in the country.
"The Constitution is clear, of course the highest law of the land, and the privilege of habeas warrants can be suspended in the event of an invasion. So, I would say that this is an action we are actively looking at."
“A lot of it depends on whether the court is doing the right thing,” Miller said.
The White House did not immediately respond to a clarification request, i.e. whether he refers to a specific group of people who illegally enter the country or all who own it. It also doesn't comment on his meaning of doing "the right thing" in the court.
Miller insisted in his speech that the court had no jurisdiction in immigration cases. "The courts not only fight with the executive branch, but also the courts are in war, and these radical rogue judges are also fighting with the legislative branch. So all of this will inform the choices the president makes in the end," he said.
President Donald Trump has been repeatedly frustrated by the protections of the constitutional due process, which has slowed down his efforts on mass deportation.
"I was elected as their hell, and the court kept me from doing that," he said in an interview with Kristen Welker.
Welk noted that the Fifth Amendment to the U.S. Constitution says “no one” “no one’s life, freedom or property, no proper legal process” and that the Supreme Court has long recognized that non-citizens have certain fundamental rights, but Trump complains that these protections take too much time.
"I don't know. It seems that this might be said, but if you're talking about it, we have to go through a million or two million or three million trials."
Welk then asked if he needed to uphold the Constitution.
"I don't know," Trump replied. “I have to answer, again, I have great lawyers working for me and they obviously follow what the Supreme Court said.”
The government has conducted due process in certain deportation cases after Trump invoked a rarely used alien enemy bill to send alleged members of alleged members of Venezulan Gang Tren de Aragua to prison in El Salvador.
The announcement said the gang was "driving, attempting and threatening an invasion or predatory invasion of U.S. territory." Three federal judges from different states found that the gang's criminal activities did not involve invasion.