Battle over deportation: Steve Bannon warns of habeas corpus suspension

Steve Bannon claims immigration is an "invasion" and warns that a future Trump White House may suspend habeas corpus if courts block mass deportations, invoking emergency presidential powers

US President Donald Trump’s former chief strategist and far-right commentator Steve Bannon has suggested that a future Trump administration could consider suspending the writ of habeas corpus to carry out large-scale deportations if the judiciary continues to block executive actions.

 

“If you’re not an American citizen, you’re here illegally, there’s no due process,” Bannon said in an interview with the Financial Times. “We are going to suspend the writ of habeas corpus if the courts keep ruling against this and don’t allow these mass deportations to continue, just like President Lincoln.” 

 

The reference to Abraham Lincoln pertains to the Civil War-era suspension of habeas corpus, a constitutional safeguard against unlawful detention. Legal experts note that such a measure is only permitted in cases of rebellion or invasion under Article I, Section 9 of the US Constitution.

 

What is the meaning of habeas corpus?

Habeas corpus is a fundamental legal principle in the United States that protects individuals against unlawful detention or imprisonment. It allows a person who is detained to challenge the legality of their detention before a court. If a court grants a writ of habeas corpus, the detaining authority must bring the detainee before the court to justify the reasons for their confinement. 

 

Bannon frames immigration as ‘invasion’, invokes Article II powers

 

Bannon claimed that the scale of immigration now qualifies as an “invasion,” thereby granting the president emergency authority under Article II of the Constitution.

 

“This is an invasion, the country’s at war, he’s Commander-in-Chief,” Bannon said. “There is going to be a constitutional crisis before the [Supreme] Court leaves, you know this.” 

 

His comments reflect a growing assertiveness among Trump allies in challenging the judiciary’s authority to restrain executive immigration actions.

 

Judicial rulings on deportation spark far-right backlash

 

Bannon also criticised a federal judge’s ruling in San Francisco that temporarily blocked the Trump administration’s reorganisation plans across 21 federal agencies. He framed this as part of a coordinated judicial effort to hinder Trump’s agenda.

 

“They have no political operation,” Bannon said of the Democrats. “They have no populist economics. So what they’re doing is getting more and more radical … and the judges are trying to stop him.”

 

Supreme Court blocks Trump-era deportation policy under AEA

 

Last month, the US Supreme Court temporarily halted the administration’s use of the Alien Enemies Act (AEA) to carry out deportations, citing due process concerns. The move followed revelations that at least one deportee had been sent to El Salvador in error and that others lacked any criminal history.

 

The court ruled that individuals deported under the AEA must be properly notified and allowed to contest their removal.

 

Bannon claims Trump will run for third term, despite constitutional limit

 

In a further controversial statement, Bannon asserted that Donald Trump would serve a third term as president, despite the 22nd Amendment, which limits presidents to two terms.

 

“President Trump will run again … and he will be the president on the afternoon of January 20, 2029,” Bannon said. When questioned about the constitutional restriction, he responded, “It’s pretty clear what his Article II power is.”