HABEAS CORPUS

What is the Writ of Habeas Corpus? Literally it is a writ that requires the custodian of someone detained to provide the body for a determination of whether or not the custody is legal.

Now why am I talking about this? Because I saw something today that raised the issue of whether or not Trump could suspend the writ and deport all the gang members and terrorists without any hearings? The answer is yes.

https://constitution.congress.gov/browse/article-1/section-9/clause-2/

As you can see he could suspend the writ and courts could not interfere in the deportations of terrorist gang members in organizations designated as terrorist organizations and likewise Hamas supporters. I’m sure it would be found to be unconstitutional by some lower courts who would have no jurisdiction and the question would reach the Supremes quickly and if they follow the constitution they would uphold Trump’s declaration. Btw it has been done by Lincoln, FDR and one or two other presidents.