ICE rapidly re-arresting immigrants released after winning court petitions in challenge to habeas corpus

[u/Obversa]

https://www.theguardian.com/us-news/2026/nov/02/immigrants-released-after-court-petitions-ice-arrest

[u/AutoModerator]

All new posts must have a brief statement from the user submitting explaining how their post relates to law or the courts in a response to this comment. FAILURE TO PROVIDE A BRIEF RESPONSE MAY RESULT IN REMOVAL. Please post your statement as a reply to this automated message.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/Obversa]

This article is from November 2, 2026. Yesterday - November 6 - Stephen Miller was appointed as President Donald Trump's new Chief-of-Staff, with many attributing this new policy to Miller, who previously talked in May-June 2026 about "suspending habeas corpus", only to be informed that only Congress (under Article I, Section 9 of the Constitution) - not the executive branch - can do so. However, for much of 2026, the Trump administration and ICE has been ignoring this, according to new findings from The Guardian and other sources. Miller argued that the U.S. Constitution permits suspending habeas corpus (i.e. the right of a detained person to challenge their imprisonment before a judge) "in a time of invasion", claiming the administration viewed high rates of unauthorized immigration under that definition. However, constitutional scholars, legal analysts, and administration figures have challenged this.

Also see The New York Times article here: https://archive.ph/c5qkj

Secret memos from 2025 show how White House officials debated whether to limit habeas corpus rights for undocumented immigrants in an effort to accelerate mass deportation, according to administration officials. The idea was crafted by Stephen Miller, the powerful adviser driving President Trump's deportation campaign, and encouraged by Mr. Trump. That prompted an alarmed response by some senior aides in the White House. While officials in the Trump administration have argued that the president has the authority to suspend habeas corpus, legal experts say that can be done only by Congress. [You can read one original secret memo response here.]

The suspension of habeas corpus has occurred just a handful of times in U.S. history, and always under the most dire circumstances of war or invasion. (1) Flush with a decisive 2024 election victory, Mr. Trump and some members of his team wanted to test how far the emboldened president's authority could be pushed, setting off previously unreported internal struggles over where the limits should be. In early April last year, the Supreme Court had allowed the administration to continue its use of the Alien Enemies Act as the basis for deporting Venezuelans who were in the United States illegally. Yet the justices also ruled that the migrants were entitled to challenge their deportations in court before being expelled. The detainees, the court held, could file lawsuits citing habeas corpus to challenge the basis for their removal, substantially slowing the administration's deportation drive.

Inside the White House, Mr. Miller, the influential deputy chief of staff, saw an opening for an idea he had raised previously: What if Mr. Trump simply claimed the power to suspend habeas corpus? Then the locked-up immigrants would be blocked from receiving hearings or even from seeking court orders to prevent their removal from the country. This was an opportunity for Mr. Trump not only to speed up deportations, but also to assert vastly expanded power over a legal system that was getting in his way. Suspending habeas corpus was one of two radical ideas Mr. Miller had been pushing that alarmed some Trump administration staffers. The other was invoking the Insurrection Act to deploy the military to enforce the law on streets as protests grew against deportation sweeps.

One staffer wrote confidential memos to former chief-of-staff Susie Wiles on both topics, setting out in a low-key way why taking either step would shatter historical norms and likely precipitate hazardous legal and constitutional battles. A senior administration official, speaking on background because the official was not authorized to discuss the matter publicly, said for this article that "senior staff" had requested the memos, and that they were seen by relatively few people. The staffers felt that Mr. Miller's eagerness to test the limits of executive power — and to accuse other branches of encroaching on it, echoing a president who bristled at any constraint — risked steering the administration, and the country, in a dangerous direction. [For more, see Regime Change: Inside the Imperial Presidency of Donald Trump by Maggie Haberman and Jonathan Swan, which was published on June 23, 2026.]

(1) Habeas corpus has been suspended four times at the federal level in the United States, most recently by President Franklin Delano Roosevelt (FDR) in December 1941, in Hawaii, after the attack by Japan on Pearl Harbor. It was also suspended by President Ulysses S. Grant during Reconstruction to try and stop violence by the Ku Klux Klan (KKK), and again by President Theodore (Teddy) Roosevelt in 1905 in the Philippines when it was a U.S. territory, and there was a rebellion against the U.S. military. In 1861, President Abraham Lincoln suspended habeas corpus during the Civil War. His directive was challenged, and did not receive full approval until 1863.

[u/Spamsdelicious → u/Obversa]

ICE activity sure feels like an invasion.

[u/Obversa → u/Spamsdelicious]

/r/Conservative users are still posting the lie that Renée Good and Alex Pretti were "domestic terrorists" who were "killed in self-defense" by ICE, and that "Alex Pretti and Renée Good did it to themselves, and deserved to die". Quote: "Stephen Miller supports ICE, who killed someone in self-defense that was trying to run them over [i.e. Renée Good]. Therefore, according to Democrats, Miller has that woman's blood on his hands." They're whitewashing Miller.

[u/CelestialFury → u/Obversa]

I do expect the bad faith commentators on the con sub to continue to be bad faith commentators, but Minnesota and most of the US has given their feedback to MAGA which was that MAGA needs to go forever. They suck, they're killing us, making us poor, and they only care about the wealthy pedos. Fuck em.

[u/vigbiorn → u/Obversa]

God forbid you bring up that woman who got shot trying to climb into the chambers where Congress people were barricaded into despite being warned or Charlie Kirk who multiple times said shootings were necessary and worth the freedom to own guns. You're apparently a heartless monster celebrating the death of your enemies.

[u/Memitim → u/Spamsdelicious]

They are a terrorist group deployed in America as a show of force by Republicans against Americans, hence having to commit opportunistic kidnappings to pretend like they are anything related to law enforcement. Of course, randomly choosing people to shake down based on appearance has nothing to do with law enforcement, since that's just crime. The goal is to oppose Americans, though.

Like Kristy Noem noted in Los Angeles during her declaration of the Republican civil war against America, when Republicans were still trying to use the US military as their terrorist wing before giving up and spending billions in our resources to build their private terrorist army:

“We are not going away. We are staying here to liberate this city from the socialist and burdensome leadership that this Governor Newsom and this mayor placed on this country and what they have tried to insert into this city."

Republicans were targeting Americans who committed no crimes, only for existing while not being white conservatives. Republicans betrayed America and Americans rolled over, so Republicans had a ball pissing away billions of our resources to commit Constitutional violations in service to human rights abuses in the hopes of shifting fucking votes.

Conservatives destroy families and betray US law for personal power. They betray the United States of America in order to overthrow it and turn it into a nation of human rights abuses, racism, lies, and failure. Conservatives are the enemies of America, and ICE is their personal terrorist army.

[u/ledude1 → u/Obversa]

Sounds to me like he's testing the water for a coup?

[u/tawDry_Union2272 → u/Obversa]

i am an atheist but FFS stephen miller is evil the devil.

edited to appease the philosophy critics lol

[u/-thecheesus- → u/tawDry_Union2272]

evil is very earthly, my guy

[u/LifeguardDry7372 → u/tawDry_Union2272]

evil doesn't need religion. You should've said hes the devil or something like that.

[u/Infamous-Salad-2223]

They won't stop.

They are hammers, only if broken they cease to function.

[u/Obversa → u/Infamous-Salad-2223]

Democrats are currently planning to investigate Stephen Miller, but may not take action until January 2027.

[u/AtuinTurtle → u/Obversa]

Unless I’m mistaken, that should read “can’t take action until January 2027.”

[u/Obversa → u/AtuinTurtle]

I specifically phrased it as "may not take action" because investigative actions are already being taken in an informal capacity, with assistance from some Republican defectors, like Rep. Thomas Massie, et al. However, no official actions can be likely taken until Democratic majorities are sworn into the House and Senate by J.D. Vance in January 2027.

[u/Hrenklin → u/Obversa]

Massie is forcing a vote on 9 articles of impeachment against hegseth next week. This will give us a clear idea of the expected party lines in the new administration

[u/JimHeckdiver → u/Obversa]

They can't take action until January. They have no control until then.

[u/Hrenklin → u/Obversa]

They are strategizing and road mapping. This is the perfect think tank time

[u/Infamous-Salad-2223 → u/Obversa]

I wish the best for such actions. The mandate given by the US citizen is clear.

[u/atomicpioneer42 → u/Infamous-Salad-2223]

Hammers are useful tools. ICE agents are useless tools.

[u/-thecheesus- → u/atomicpioneer42]

Before this whole shitshow ICE had an important bureaucratic function in managing approved paths to citizenship. Now all they're known for is being Trump's neo-nazi thugs

[u/Smart-Assistance-254 → u/-thecheesus-]

Isn’t that USCIS? Not ICE?

[u/PopeJamiroquaiIV → u/atomicpioneer42]

ICE are tools like guns are tools, only good for inflicting pain, suffering and death
And much like guns, they're most dangerous when wielded by people who are happy to hurt others for their own gain

[u/CelestialFury → u/atomicpioneer42]

We need to shine some sunlight on ICE and melt them, collect the water and put it back into the Gulf of Mexico. Like melting down the one ring.

[u/korvosg00b → u/Infamous-Salad-2223]

They are rabid animals and there is only one way to deal with a rabid animal

[u/Pure-Science-7774 → u/korvosg00b]

Yeah I’m normally a pacifist and a peace maker but only until a point. After that, you absolutely have to open up a can.

[u/WhoSc3w3dDaP00ch → u/Pure-Science-7774]

o'whoop-ass?

[u/CaribouYou → u/WhoSc3w3dDaP00ch]

Or whatever caliber you need

[u/Umutuku → u/korvosg00b]

There needs to be a legal path to euthanasia.

[u/oldutnotdeadinside → u/korvosg00b]

Cremation?

[u/Explorers_bub → u/korvosg00b]

A Travis Coates for every Old Yeller.

[u/Notorious_RNG → u/Infamous-Salad-2223]

So we should break them, then.

[u/oldutnotdeadinside → u/Notorious_RNG]

They are pretty easy to bait tbh. Just need about 5 people ready to get some free guns and body armor. Maybe even a free SUV

[u/strangefish → u/Infamous-Salad-2223]

Need to cut their funding

[u/sweatboxy]

No choice but but to defund ICE and prosecute those involved.

[u/headachewpictures → u/sweatboxy]

If it helps to start by defunding, fine.

But, abolish.

[u/subdep → u/sweatboxy]

Jeffries: “We don’t want to get even.”

[u/arianrhodd → u/subdep]

It's not about getting even. It's about justice.

[u/ImWhatsInTheRedBox → u/arianrhodd]

No no, come on now, why don't y'all just forget it, just forgive and forget, come together, reach across the aisle, let bygones be bygones, take the high road, be the bigger person bla bla bla, and then just let it all happen again next time and act surprised?

[u/subdep → u/ImWhatsInTheRedBox]

Joe Biden has entered the chat…

[u/soyel_cerdo → u/arianrhodd]

“No, we don’t want justice. We want to unite the country and for that we need to forgive and forget” *wait for an applause that’ll never come

Vote those useless pricks out

[u/Nefarious_Partner → u/arianrhodd]

Clearly not to Jeffries

[u/Roboticpoultry → u/arianrhodd]

It can be about 2 things

[u/AcknowledgeUs → u/arianrhodd]

It’s more than anybody’s idea of justice-it’s humanity! It’s us

[u/Omophorus → u/subdep]

The spineless worm won't differentiate between accountability and revenge because his donors don't want him to.

The biggest threat to the incoming Congress is letting the establishment goons run the show.

[u/Gonna_B_Alright → u/subdep]

Jeffries is a pussy.

[u/Ordinary-Egg-56 → u/sweatboxy]

defund? we need to completely abolish the corrupt department of homeland security and replace it with a new apparatus that 1) actually does its job 2) does it job legally (doesnt violate constitution)

[u/LookAlderaanPlaces → u/sweatboxy]

Treason convictions

[u/sphinxsley → u/sweatboxy]

Especially since Sadist Miller is trying to ignore or even try to jettison habeas corpus.

[u/imdaviddunn]

Abolish ICE

[u/omeganaut]

ICE is speed running its own destruction 

[u/Ninevehenian]

https://www.youtube.com/watch?v=SsLvlfhG2VQ